GENERAL TERMS AND CONDITIONS OF TRADE (GTC)

1. Scope of application

For all orders placed via our online shop the following terms and conditions apply. Our online shop is directed exclusively to consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. An Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of performance for all services resulting from an order is the registered office of our company. If individual provisions of these General Terms and Conditions of Business are not legally effective, the legal validity of the remaining provisions shall not be affected thereby. If the customer is a merchant or, as a commercial customer, has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with the contract shall be Cologne.

2. Contracting party, conclusion of contract, correction possibilities

Due to our price calculation, the minimum order value is 50,- Euro worth value of goods (plus shipping). We do not execute orders below this value.

The purchase contract is concluded with EMK Münzen + Edelmetalle GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without any obligation and correct your entries at any given time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your purchase will be sent by e-mail immediately after sending the order. We accept your offer within two days by issuing a declaration of acceptance in a separate e-mail or, if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment"). The relevant alternative for you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.We save the text of the contract and send you the order data and our general terms and conditions in text form. You can review the contract text through in our customer login.

4. Terms of delivery

In addition to the indicated product prices there may be shipping costs. You will find more detailed information about possible shipping costs in the offers.

We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.

For all deliveries within Germany up to a 100 Euro order value, we charge a 5.95 Euro shipping fee per delivery. For deliveries up to 500 Euro, we charge 4.95 Euro per delivery. From an order value between 500 Euro to 2,500 Euro we charge a shipping fee of 3.95 Euro per delivery. From an order value of 2,500 Euro, we deliver free of shipping costs within Germany. For deliveries abroad, the shipping costs depend on the value of the shipment and the type of shipment.

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible, and which are to be borne by the buyer. These include, for example, costs for the transfer of money by payment service providers (transfer fees, exchange rate fees) or import duties (taxes, customs duties, etc.).

If delivery is temporarily impossible or unreasonably difficult for us due to unforeseeable obstacles for which we are not responsible, in particular force majeure and industrial action, we shall be released from our obligation to perform for the duration of the obstacle and a subsequent reasonable start-up period. Force majeure also includes the failure of technical systems of EMK (or its vicarious agents) through no fault of our own due to computer viruses or hacker attacks. We will inform you immediately about the occurrence and the expected duration of the performance hindrance. If delivery is not possible within a reasonable period of time, the customer has the right to withdraw from the contract.

Furthermore, we reserve the right not to make partial deliveries for orders with pre-sale items. Only when all items of an order are in stock, will they be shipped.

4.1 Legal Consequences of a Delay in Acceptance of a Parcel pursuant to §§ 300 et seq. BGB

According to § 433 para. 2 BGB the buyer is obliged to accept the delivery. A delay in acceptance arises if the Buyer refuses acceptance, by direct personal refusal upon delivery by the parcel carrier and/or by a failure to collect the delivery from a post office or packing station and/or by undeliverability due to personal absence.Pursuant to § 304 of the German Civil Code (BGB), the Buyer shall be obliged to reimburse EMK for all additional expenses incurred for the unsuccessful offer, storage and preservation of the ordered goods.Upon default of acceptance, the risk of performance shall pass to the Buyer.

5. Payment

For all prices listed in our sales lists, the price list valid at the time of the order shall apply. For gold and silver investment coins, we update the prices every 5 minutes.

Payments to EMK must be made by stating the customer and invoice number.

Shipment to customers unknown to us or new customers will only be made against an advance invoice, by PayPal or if a valid credit card is provided. If prepayment has been agreed, payment shall be due immediately after the conclusion of the contract.

We deliver to customers known to us on account. The invoice amount is payable immediately upon receipt of the goods, strictly net without deduction, to one of our accounts indicated on the invoice.

In case of default of payment, the costs from the second reminder as well as the necessary collection costs are to be reimbursed. We charge default interest at the statutory rate from the time of default.In case of default of payment we are entitled to suspend further services until the outstanding amount has been paid. Furthermore, in the event of default of payment by the customer, we are entitled to withdraw from the contract after a grace period of 14 days has expired without result. The right to claim interest on arrears and damages remains unaffected.

Offsetting is only permissible with undisputed or legally established claims.

In our shop, the following payment methods are available to you in principle:

Prepayment
If you choose the payment method of prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
You enter your credit card details in the order process. Your card will be charged immediately after you place your order.

PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.

PayPal can offer registered PayPal customers and those selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

6. Right of revocation

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal. Information on our cancellation conditions can be found in our cancellation policy.

7. Reservation of proprietary rights

The goods remain our property until full payment has been received.

8. Transport damages

If goods with obvious transport damages are delivered, please complain about such errors as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects occurring within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of the period do not apply to claims for damages caused by us, our legal representatives or our vicarious agents.
• in the case of injury to life, body or health
• in the event of an intentional or grossly negligent breach of duty or fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely on (cardinal obligations)
• within the framework of a guarantee promise, if agreed or
• as far as the scope of application of the product liability law is concerned.

Customer service: You can reach us by telephone at +49 (0) 531 - 888 979 - 50 | Monday - Friday | 08.00 - 17.00 hours.

10.Liability

For claims based on damages caused by us, our legal representatives or our vicarious agents, we are always liable without limitation
• in the case of injury to life, body or health
• in the case of an intentional or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the product liability law is concerned.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or our vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.Otherwise, claims for damages are excluded.

11. Code of conduct

We have committed ourselves to the following codes of conduct:
• Trusted Shops quality criteria
• https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

12. Dispute settlement

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution agency.

GTC created with the Trusted Shops legal text editor