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TERMS OF PAYMENT AND DELIVERY FOR THE ONLINE SHOP MÜNZE ÖSTERREICH AG
Effective: December 2011
1. General
Contracts about coins and goods that are completed between the MÜNZE ÖSTERREICH AG and the customer via the online shop are exclusive subject to the hereinafter mentioned conditions of payment and delivery of the MÜNZE ÖSTERREICH AG.
MÜNZE ÖSTERREICH AG does not act as coin dealer or as numismatic expert.
All data received for the purpose of business will be handled confidentially by the MÜNZE ÖSTERREICH AG and saved EDP-supported (DVR 0558826). The data is only passed on to third parties for the purpose of order fulfilment. The customer gives his permission for saving and passing on his data for the purpose of order fulfilment and compliance with legal regulations, especially the GewO.
2. Terms of payment
Deliveries by the MÜNZE ÖSTERREICH AG will be made after payment in advance from the customer. All payments to the MÜNZE ÖSTERREICH AG must be made in EURO. Possible other agreements require the written form.
Domestic payments will be made to the account of MÜNZE ÖSTERREICH AG at the Österreichische Postsparkasse (Austrian post office savings bank) no. 7009.011 (bank code 60000), IBAN: AT206000000007009011, BIC:OPSKATWW.
Foreign payments will be made to the account of MÜNZE ÖSTERREICH AG at the Österreichische Nationalbank (Austrian national bank) no.1-7070-4 (bank code 00100), SWIFT Code NABA AT WW, IBAN:AT450010000000170704, BIC: NABAATWW.
Payments of customers from the Federal Republic of Germany can also be made to the account of MÜNZE ÖSTERREICH AG no. 235 81 66 (bank code 700 700 24) at the Deutsche Bank in Munich.
Payments by credit card (VISA, MasterCard or Diners Club) will be made (also exclusively in EURO) with disclosure of the exact credit card number (16-digit or 14-digit), expiration date (month/year) and with a signature. For gold investment products (Vienna Philharmonic Coins in gold or silver in all units, bars in all available sizes, ducats in all units, crowns in all units, guilder in all units) no payment by credit card is accepted. Payment by Visa Electron Cards is not accepted by MÜNZE ÖSTERREICH AG due to legal reasons. Furthermore the MÜNZE ÖSTERREICH AG reserves the right to refuse payments with credit cards for orders with a value of less than € 150. -.
The whole amount charged must be made to MÜNZE ÖSTERREICH AG without deductions of any kind. All goods remain property of MÜNZE ÖSTERREICH AG until full payment is made. During the reservation of title no sale, manipulation, pledge, transfer of security or other control over the purchased goods to third parties is permissible. For cases of reselling without preservation of the reservation of title of MÜNZE ÖSTERREICH AG, the customer assigns at the moment of sale the entire asking price of resale on credit to the MÜNZE ÖSTERREICH AG or assigns the amount in cash at the moment of sale to said company (extended reservation of title). The purchaser is obligated to hold these proceeds in trust and to promptly pay over to MÜNZE ÖSTERREICH AG.
Payments received over partial amounts will be declared partial payments and are counted against the oldest liabilities of customer, regardless of any other reference. In this case as well, the goods remain the property of MÜNZE ÖSTERREICH AG until full payment is made. For delay in payment the customer has to pay default charges of 9 % p.a. and lump dunning costs of EUR 5. – for each reminder; and the customer also has to pay any possibly occurring legal fees arising from this matter. In addition to these terms, MÜNZE ÖSTERREICH AG shall be entitled to rescind the contract after 6 weeks of default in payment and after giving the customer a notice of 14 days, reminding him of this entitlement.
3. Prices, Order, conditions of delivery and contract
All prices are stated including the value added tax and any other charges, but without any valid delivery costs or possible insurance charges, which depend on the country of the recipient and the value and weight of the goods. MÜNZE ÖSTERREICH AG will take care of proper packing and shipping methods (registered mail, parcel, insured letter, and insured parcel) to the address stated by the customer. Should the customer wish for another shipping method (air freight, courier service or similar), he alone will be charged the additional costs.
Before ordering, the customer has to put all coins and goods into his cart in the online shop. In this cart the customer can check for type errors and can correct that.
The order by the customer can be made in German or English language and the texts in the order will be saved by MÜNZE ÖSTERREICH AG, where the customer has no online access. The contract is completed with or without order confirmation by MÜNZE ÖSTERREICH AG by dispatching the ordered goods to the customer, whereas the acceptance of customer payment is a postponing condition.
Delivery to the customer will ensue with 3 weeks after the initial issue date or 3 weeks after the order is received.
All orders can only be accepted within the scope of available units at MÜNZE ÖSTERREICH AG (limitations of edition). MÜNZE ÖSTERREICH AG reserves the right to refuse orders without stating reasons or accept only a part of the ordered goods, whereas the customer will be promptly informed. For individual orders and for subscriptions the MÜNZE ÖSTERREICH AG reserves the right with regards to limitations of editions, to shorten or cancel delivery due to units not available without granting the customer claims for compensation. This also applies in the context of suspicions by MÜNZE ÖSTERREICH AG of money laundering or (see §§ 365m et seq. GewO). In these cases any payments made by the customer to MÜNZE ÖSTERREICH AG will be refunded within the scope of omitted delivery.
Order sizes defined by MÜNZE ÖSTERREICH AG apply per household. For subscriptions a money transfer order over purchase of certain or all editions of collectors’ coins of MÜNZE ÖSTERREICH AG is valid for the number of units specified by the customer.
Liability of MÜNZE ÖSTERREICH AG to the customers for damages, including consequential damages, especially due to non-compliance, misperformance or delay. requires – except for bodily injuries – culpability by Münze Österreich AG and is restricted to a maximum of the purchase price of the order in cases of gross negligence. Any legal warranty rights of the customer remain untouched.
When interested in individual products of MÜNZE ÖSTERREICH AG customers can be incorporated into the address list of MÜNZE ÖSTERREICH AG.
Coins ordered via individual orders or via subscription that are stated `customer pickup´ remain reserved for the customer for a maximum of one month after the respective issue date. This date is displayed in any such order confirmation. Should the coins not be paid or picked up by the customer after expiration of this period, the MÜNZE ÖSTERREICH AG reserves the right to rescind the contract or to reverse transaction in regards to the respective coins.
In the case of paid orders being rejected by the customer or returned marked "undeliverable" to MÜNZE ÖSTERREICH AG, the customer will be informed in writing and advised as follows: any costs incurred as a result of uncollected packages or incorrectly submitted addresses will be carried by the customer. Such packages will only be resent once these additional costs have been paid. If, in a period of four weeks from the dispatch of the letter, the client has still not responded, MÜNZE ÖSTERREICH AG has the right to withdraw from this sales agreement. In such cases, MÜNZE ÖSTERREICH AG is entitled to deduct all these additional costs from the amount originally transferred by the customer. In the event of a package not reaching its destination, customers are requested to get in touch with MÜNZE ÖSTERREICH AG in order to obtain information relating to insurance.
An addition, alteration or cancellation of subscription or the deletion from the address list require the written form and become effective after a period of 2 months.
4. Right of withdrawal after FernabsatzG (§§ 5a et seq. KSchG) and customer service
NO right of withdrawal for coins and goods, for which prices depend on the development of financial markets and over which the MÜNZE ÖSTERREICH AG has no influence, currently: Vienna Philharmonic Coins in gold or silver in all units, bars in all available sizes, ducats in all units, crowns in all units, guilder in all units. No right of withdrawal for any product that was produced after customer specifications (such as medals with engravings).
For any other contract with the online shop the customer has the right of withdrawal from the order within a period of sever working days (Saturdays do not count as working days) without giving any reason. This period starts with the delivery of goods to the customer. Should the customer not have received information after § 5d par 1 and 2 KSchG in full, this period is extended to 3 months; for subsequent delivery of the information the period of seven days will start after delivery of said information. For adherence of the right of withdrawal a timely dispatch of the notice of repudiation of contract is necessary to:
MÜNZE ÖSTERREICH AG
Sales Department
Am Heumarkt 1
A 1030 Vienna Fax: +43/1/715 86 10
The goods have to be returned by the customer in concurrent performance against reverse transaction of MÜNZE ÖSTERREICH AG, whereas return of goods ensues at the expense and risk of the customer. The reverse transaction by MÜNZE ÖSTERREICH AG includes payments already made and possible necessary effort in this matter. Possible reasonable rewards for use, including indemnity for any associated decline of value for the performance, will be deducted; the takeover of performances into the custody of the customer is no specific decline of value.
Should the customer not be able to return performed services in its entirety or only partial, the customer has to reimburse MÜNZE ÖSTERREICH AG, if he had a clear and predominant advantage therein. Any claim for damages remains untouched. MÜNZE ÖSTERREICH AG is also entitled to deduct the replacement amount from the reverse transaction.
Any complaint can be made by the customer to aforesaid address. MÜNZE ÖSTERREICH AG has no own customer service department and there will are no (warranty) conditions except herein mentioned.
5. Place of jurisdiction and applicable law
Exclusive place of jurisdiction for all disputes arising out of contracts with customers, that are entrepreneurs after iSd KSchG, is the competent respective court of law in Vienna I. Only Austrian material law is applicable under exclusion of reference provisions and the UN purchase law, as long as mandatory law would not be more favourable to the consumer.
Deviations from the herein mentioned terms of payment and delivery require the written form and will only become valid by duly company signature of MÜNZE ÖSTERREICH AG.
Vienna, in December 2011
