1. Scope of terms
Offerings, orders, deliveries and services performed are exclusively effected according to the following conditions.
2. Conclusion of the contract
1) The contract is concluded between the customer (buyer) and Solidus Numismatik e.K.
2) Any offering by the seller is without warranty. The statements made in print and in online-catalogues, such as those pertaining to measures, weights, quality, origin and age are researched with great care, however, may only be of an approximate nature and without warranty by the seller.
3) By placing an order, the customer makes a binding commitment with the intention to acquire the ordered merchandise. The acceptance agreement of the seller is made in writing or by delivery of the merchandise to the customer.
4) The automated electronic acknowledgement of the order received does not represent any binding confirmation of the order.
3. Rescission and return with distance sales contract
1) The customer has the right to revoke his intention to enter into the contract within two weeks following the receipt of the merchandise. The return of the merchandise does not require any substantiation. The revocation has to be performed by means of an explicit declaration (e.g. a letter sent by post, telefax or e-mail) to the seller. The customer may use a form pattern attached to the offering (at the end of this text), but is not obliged to do so. Punctual mailing within the return deadline is sufficient in order to comply with the return deadline.
2) The customer is obliged to return the merchandise within two weeks after the seller's receipt of his declaration to revoke the contract. In the event that the merchandise is conveyable by parcel, the customer is obliged to return the merchandise when exercising the right of rescission. The costs of the return, when exercising a right of rescission, are borne by the customer unless the merchandise delivered does not correspond to that which was ordered.
3) The customer must incur the cost associated with any damage to the merchandise while in his possession. The customer should carefully check the merchandise upon it's receipt. Any diminishment of the value of the merchandise is the responsibility of the customer.
4) A right of rescission is not applicable in instances where the merchandise has been customized in accordance with the customer’s specifications. Customization might encompass cleaning, renovation, mounting etc.
5) The return of the merchandise by the customer to the seller in the event of a justifiable rescission must be effected with the same sort of packaging and by the same method of dispatch as when originally received from the seller. Expenses arising from certain mailings, such as "express mailings" or those involving customs fees, are not the responsibility of the seller. Similarily additional expenses arising from the dispatch of the merchandise to a place other than the place of performance is not the responsibility of the seller.
4. Prices and terms of payment
Deliveries are made only against prepayment; payment is due within 10 calendar days via banktransfer after the invoice has been issued (via e-mail). A printed item of the invoice will be delivered simultaneously with the merchandise.
Additional to the hammer price a buyer's fee incl. VAT (margin scheme, not shown on invoice) is due for every lot acquired in an auction. The percentage of the buyer's fee is published in the online catalogue of every auction.
Within the EU bank transfers must be performed as SEPA bank transfers. Should a bank charge immediate costs for a SEPA bank transfer (depending on the performing bank) these immediate costs have to be covered completely by the customer when performing the bank transfer. The seller will not charge any additional cost-covering fees. The costs for bank transfers from outside of the EU have to be completely covered by the buyer when performing the bank transfer. The seller informs about other payment services (e.g. TransferWise) admitted by him and any applicable costs on his website (menu "payment"). The shipping costs have to be paid by the buyer.
The actual shipping costs are displayed on the website of the seller.
The following bid increments have to be obeyed in auctions:
| Starting price – current bid | bid increments |
|---|---|
| 0 - 100 € | 5 € |
| 100 - 200 € | 10 € |
| 200 - 300 € | 20 € |
| 300 - 500 € | 25 € |
| 500 - 1.000 € | 50 € |
| 1.000 - 2.000 € | 100 € |
| 2.000 - 3.000 € | 200 € |
| 3.000 - 5.000 € | 250 € |
| 5.000 - 10.000 € | 500 € |
| 10.000 - 20.000 € | 1.000 € |
| 20.000 - 30.000 € | 2.000 € |
| 30.000 - 50.000 € | 2.500 € |
| 50.000 - 100.000 € | 5.000 € |
5. Transfer of risks
The delivery is made to the address provided by the customer. The risk is transferred as soon as the merchandise is delivered to the customer or its assignee.
The customer must examine the merchandise packaging immediately upon it's receipt in order to determine wether there is any damage, evidence of which must be noted on the accompanying shipping documents.
6. Liability provision regarding material damage and defects of title
1) The seller assumes the responsibility for any defects of merchandise in accordance with its warranty by means of repair or replacement of merchandise. Claims of defective merchandise and/or contract must be made within 12 months of the delivery of the merchandise.
2) If the compensatory performance cannot be implemented within the prescribed term, the customer may – following a further deadline to be determined – withdraw from the contract or reduce the purchase price. In the event of a minor infringement of a contract, in particular in the case of minor defects to the merchandise, the customer is not entitled to make use of his right of withdrawal.
3) The customer must examine the merchandise immediately upon delivery and must give written notice of potential defects within two weeks of receipt; otherwise, any claims of deficiency in title are disallowed. In the event the defect cannot be immediately identified upon delivery, it must be noted and claimed when it is recognized and within the prescribed two-week time frame; otherwise, the deficiency in title claim shall be disallowed. The customer must provide full evidence that his claim is justified; in particular, the defect itself.
4) Statements regarding quality often deviate within the industry and hence no defect exists in such statements.
7. Authenticity and warranted properties
The seller warrants that the merchandise is authentic. However, there is no guarantee in place for any warranted properties in the sense of § 443 BGB of the German Civil Code. Only the description of the merchandise as presented is warranted; statements in advertising – verbally or in print – are without guarantee.
8. Retention of title and default of payment by the customer
The merchandise delivered remains the property of the seller until all aspects of the contract have been fulfilled.
In the event of any customer conduct in violation of the contractual terms, in particular failure to pay or non-compliance with other legal obligations, or, in the event of the customer's insolvency or financial collapse, the seller may withdraw from the contract and/or may repossess the merchandise delivered and retain title.
A customer may not claim that his own contract for the merchandise with a third party mitigates his contract with the seller. The seller does not rescind the contract in the case that he holds title to the merchandise.
9. Limitation of liability
The seller is fully liable only for negative intent and gross negligence; for physical harm to life, to body or to health even in negligence of duty.
With lesser negligence, the seller is liable only for financial losses including loss of profit in such cases, where obligations have not been fulfilled as reasonably expected by the customer. The amount of liability in such an event is limited to the foreseeable and to matters not manageable by the customer.
10. Data protection
The customer consents to the processing and storage of personal data in the course of concluding a purchase contract serving for internal, administrative purposes of the seller.
11. Place of performance and venue
Place of performance shall be the office of the seller in Munich.
In as much as the customer is a merchant in the sense of §§ 1, 2, 3, 5 and 6 HGB, German Commercial Code or is an entity of public law according to § 38 section I ZPO German Code of Civil Procedure or is a separate property governed by public law, Munich shall be the exclusive venue for all legal disputes arising out of this contract. However, the seller is equally entitled to sue before the competent court of the customer.
12. Online Dispute Resolution Information
The European Commission provides a website helping to resolve online disputes (so-called "ODR-website"). The ODR-website is dedicated to helping consumers and traders to solve their problems out-of court.
The ODR-website is accessibel using the following link:
http://ec.europa.eu/consumers/odr
13. Saving of the contract text
The contract text is not saved by us. The data of your order are not accessible via the internet and will be sent together with the invoice and the ordered goods.
14. Miscellaneous
The law of the Federal Republic of Germany regulates all legal relations between the parties and supercedes the regulations as agreed in the United Nations Convention on Contracts for the International Sale of Goods. If the correspondence is in a foreign language, or, if documentation or references are written in a foreign language, in the event of doubt, the German language is exclusively applicable.
Only the German version of these terms and conditions is valid.
Should one or several clauses of these terms and conditions or a clause of a supplementary agreement be or become invalid, the effect of the remaining clauses shall not be impaired. Invalid or missing clauses shall be replaced by effective ones that come closest to the intended purpose or shall be replaced by the relevant official legal regulations.
Form Pattern for Revocation of the Contract
If you want to revocate the contract please fill in the following form and send it to our company:
Solidus Numismatik e.K.
Dr. Robert Stark
Ottostraße 5
80333 München
info@solidus-numismatik.de
Fax: +49 (0)89 88 98 04 78
Herewith i (we) revocate the contract concluded for the following item(s) of merchandise:
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Date of Purchase: ...........................................................................................................
Date of receipt: ..............................................................................................................
Name of the customer:....................................................................................................
Adress of the customer: .................................................................................................
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Place and Date: ..............................................................................................................
Signature of the customer (if sent on paper): ................................................................