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General Terms and Conditions

Effective: April 2018

1.  General

Contracts relating to coins and goods completed between Münze Österreich AG and the customer are exclusively to the General Terms and Conditions for consumers (§ 1 KSchG) of the Münze Österreich AG mentioned below, according to the version in effect at the time of the conclusion of the contract. These are binding for all present and future transactions with Münze Österreich AG , even if no explicit reference is made to them.

The contractual party for all contracts relating to coins and goods is Münze Österreich AG, based in Vienna at Am Heumarkt 1, 1030, registered in the Commercial Register of the Commercial Court of Vienna, with the number FN 55543 g.

Münze Österreich AG does not act as a coin dealer or a numismatic expert.

All data received for the purpose of business will be handled confidentially by Münze Österreich AG and electronically processed and stored. This data will be used by Münze Österreich AG exclusively for the purposes of order processing and will only be supplied to third parties in line with order processing requirements such as shipment. Customers give permission for their data to be saved and passed on for the purposes of order processing.

 
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. Any other possible agreements need to be agreed in writing. Statutory sales tax will be added to each invoice at the corresponding rates.

Payments will be made via the bank account that appears on the corresponding order confirmation and invoice. Payments by credit card (VISA, MasterCard or Diners Club) will be made (also exclusively in Euro) on disclosure of the exact credit card number (16-digit), expiry date (month/year) and with a signature or by the use of a PIN code. For investment products (Vienna Philharmonic coins in gold, platinum and silver in all sizes/face values, bars in all available sizes, ducats in all sizes/face values, crowns in all sizes/face values, gulden in all sizes/face values), no credit card payments are accepted. Münze Österreich AG does not accept payment by Visa Electron cards.

The whole amount invoiced to the client must be transferred 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 obliged to hold these proceeds in trust and to promptly pay over to Münze Österreich AG.

Partial payments are considered instalments and are applied to the oldest amounts receivable from the customer regardless of any instructions to the contrary. In such cases, the goods also remain the property of Münze Österreich AG until  full payment is made. In case of delay in payment, the customer will be liable for default charges of 4 % p.a. and costs of EUR 5 to cover each reminder; the customer will also be liable for any legal fees arising from this matter. In addition to these terms, Münze Österreich AG shall be entitled to rescind the contract after six weeks of default in payment and after giving the customer notice of 14 days, reminding him or her of this entitlement.

3.  Prices, orders, conditions of delivery and contract

All prices include packaging, value added tax and any other charges, but delivery and possible insurance costs, which depend on the country of residence of the recipient and the value and weight of the goods, will be charged to the customer. All orders made through Münze Österreich AG will be sent to the address and via the mode of dispatch selected by the customer. Should customers opt for another shipping method (air freight, courier service or similar), they alone will be responsible for the additional costs.

Ownership and risk are transferred to the customer as soon as the goods are handed over to the approved or chosen transport company. As the customer is the end user, the risk of loss or damage of the goods is transferred to the customer as soon as the goods are delivered to the consumer or to a third party, other than the carrier, designated by the customer. If the customer makes the contract of carriage independently, without using one of the choices proposed by Münze Österreich AG, the risk is immediately transferred to the carrier at the handover of goods.

Ordering online, the customer has to place coins and goods in his or her shopping basket in the online shop. In this basket, the customer can check for and correct.

The customer’s order can be made in German or English. The customer’s order is valid as a binding offer. When Münze Österreich AG transmits the order confirmation, the contract becomes valid.

Deliveries to customers will take place within three weeks of the corresponding issue date or three weeks after the order is received.

All orders can only be accepted within the scope of available units at Münze Österreich AG (due to issue limitations). Münze Österreich AG reserves the right to refuse orders without stating a reason or to agree to supply only a part of the ordered goods. Should this be the case, the customer will be duly informed. For individual orders and for subscriptions, Münze Österreich AG reserves the right, with regard to limitations of issue, to shorten or cancel delivery due to units being unavailable without granting the customer the right of compensation. This also applies in the context of suspicions by Münze Österreich AG of money laundering or similar practices (see §§ 365m et seq. GewO). In such cases, any payments made by the customer to Münze Österreich AG will be refunded due to failure to deliver.

Order sizes defined by Münze Österreich AG apply per household. For subscriptions, a money transfer order for the purchase of Münze Österreich AG is valid for the number of units specified by the customer.

The liability of Münze Österreich AG to customers for damages, including consequential damages, particularly due to non-compliance, improper performance or delay, requires – except for bodily injuries – gross negligence on the part of Münze Österreich AG and is limited to the purchase price of the related order in cases of gross negligence. Any legal warranty rights of the customer remain unaffected.

When interested in individual products produced by Münze Österreich AG, customers can subscribe to the mailing 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 on the corresponding order confirmation. Should the coins not be paid for or picked up by the customer after this period has expired, Münze Österreich AG reserves the right to rescind the contract or to reverse the transaction with regard to the respective coins.

Should the receipt of paid deliveries be refused by the customer, or if deliveries are returned to Münze Österreich AG marked ‘unresolved’ or ‘undeliverable’, the customer will be informed of this in writing. Costs that arise from non- acceptance or from an incorrect address are charged to the customer’s account. The goods will only be resent once the customer pays the additional shipping costs incurred. If this does not occur within four weeks of the customer being informed, or if the delivery is refused once again, Münze Österreich AG reserves the right to deduct and retain such costs from any reverse transactions. If delivery is not carried out, the customer will immediately contact Münze Österreich AG with regard to information relevant to insurance.

Any addition, alteration or cancellation of a subscription or withdrawal from the mailing list must be notified in writing, and becomes effective within a period of up to two months.

4. Right of withdrawal of consumer (pursuant to FernabsatzG §11) and customer service

NO right of withdrawal exists (acc. § 18 Abs 1 Z 2 FAGG) for coins and goods whose price is dependent on the fluctuations of financial markets, over which the Münze Österreich AG has no influence. Currently these are: Vienna Philharmonic coins in gold, platinum and silver in all face values/sizes, bars in all available sizes, ducats in all face values/sizes, crowns in all face values/sizes, gulden in all face values/sizes. Nor does any right of withdrawal (acc. § 18 Abs 1 Z 3 FAGG) exist for products produced according to customer specifications (such as engraved medals).

This time limit starts on the day when the goods were received by the customer or by someone authorised to do so by the customer, but not the third-party carrier. However, should the customer not have received information in full, pursuant to Abs 1 Z 8 FAGG, regarding the delivery, this withdrawal period is extended for 12 months; if such information is subsequently received within this 12-month period, the customer has 14 days from the receipt of the information to withdraw from the contract.

The right of withdrawal from the contract can be exercised, among other ways, by means of the timely dispatch of the sample form. This form is available for download from our website and should be sent to the following address:

MÜNZE ÖSTERREICH AG
Sales Department

Am Heumarkt 1
1030 Vienna Austria

Fax: +43/1/715 86 10

sales@austrian-mint.at

The goods must be returned to Münze Österreich AG by the customer without delay and within 14 days at the latest, in which case the customer is liable for any expenses occasioned by the return of goods. The reimbursement of the customer’s payment will be carried out without delay and within 14 days of Münze Österreich AG receiving the goods, or receiving proof that the goods have been returned. Payment will be made via the same means used in the original transaction,  unless a different form of payment has been expressly agreed upon with the customer. A reasonable amount may be deducted from the sum to be reimbursed by Münze Österreich AG if the customer has used the goods and it is necessary  to compensate for a subsequent decrease in their value. The fact that that the customer has received and held the goods   as well as checked their condition and quality does not necessarily mean that the value of the goods has decreased.

If the customer fails to return the goods received in whole or in part, or only returns them in a deteriorated condition, the customer has to reimburse Münze Österreich AG, to the extent that the customer has obtained a clear and predominant advantage. Any claim for damages or compensation remains unaffected. In any case, Münze Österreich AG is entitled to deduct the replacement amount from the reimbursement.

The customer can direct any complaints to the aforementioned address. Münze Österreich AG does not have its own customer service department and there are no (warranty) terms and conditions other than those mentioned here.

5.  Place of jurisdiction and applicable law

The exclusive place of jurisdiction for all disputes arising from contracts with customers who are entrepreneurs pursuant to is the court of law competent for such cases in Vienna I. Under exclusion of reference provisions, only Austrian substantive law and the United Nations Convention on Contracts for the International Sale of Goods are applicable, unless mandatory law does not prove more favourable to the consumer.

Deviations from the herein mentioned terms of payment and delivery must be notified in written form and are only valid if they are duly signed by Münze Österreich AG.

Vienna, April 2018