Effective: May 2014
Contracts relating to 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 a coin dealer or a numismatic expert.
All data received for the purpose of business will be handled confidentially by 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 permission for saving and passing on their data for the purpose of order fulfilment and compliance with legal regulations, the GewO in particular.
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 possible other agreements need to be agreed in writing.
Domestic payments will be made to the account of MÜNZE ÖSTERREICH AG at the BAWAG P.S.K. IBAN: AT206000000007009011, BIC:BAWAATWW.
Foreign payments will be made to the account of MÜNZE ÖSTERREICH AG at the Oesterreichische Nationalbank (Austrian central bank) IBAN:AT450010000000170704, BIC: NABAATWW.
Payments made by customers from the Federal Republic of Germany can also be made to the account of MÜNZE ÖSTERREICH AG at the Deutsche Bank in Munich IBAN: DE54700700240235816600, BIC: DEUTDEDBMUC.
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), expiry date (month/year) and with a signature. For gold investment products (Vienna Philharmonic Coins in gold or 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 payment by credit card is accepted. Payment by Visa Electron Cards is not accepted by MÜNZE ÖSTERREICH AG due to legal reasons.
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 obliged 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 the customer, regardless of any other reference. In such cases, the goods also 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 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 notice of 14 days, reminding them of this entitlement.
3. Prices, Order, conditions of delivery and contract
All prices are stated including value added tax and any other charges, but without any valid delivery costs or possible insurance charges, which depend on the country of residence 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 prefer another shipping method (air freight, courier service or similar), they alone will be charged 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 for the 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 made the contract of carriage independently, without using one of the choices proposed by the Austrian Mint, the risk is immediately transferred to the carrier at the hand over of goods.
Before ordering, the customer has to place all coins and goods in their shopping basket in the online shop. In this basket, the customer can check for and correct typing errors.
The customer’s order can be made in German or English and the texts in the order will be saved by MÜNZE ÖSTERREICH AG in a place where the customer has no online access. The customer’s order is valid as a binding offer. The contract becomes valid as soon as the customer receives the order confirmation or when MÜNZE ÖSTERREICH AG dispatches the ordered goods to the customer, whereby the acceptance of customer payment is a condition precedent.
Delivery to the customer will ensue within 3 weeks of 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 (due to limitations of edition). MÜNZE ÖSTERREICH AG reserves the right to refuse orders without stating a reason or to accept only a part of the ordered goods, about which the customer will be promptly informed. For individual orders and for subscriptions MÜNZE ÖSTERREICH AG reserves the right, with regard to limitations of editions, to shorten or cancel delivery due to units being unavailable without granting the customer claims for compensation. This also applies in the context of suspicions by MÜNZE ÖSTERREICH AG of money laundering or similar issues (see §§ 365m et seq. GewO). In such 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 collector coins by 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, 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 by 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 this period has expired, MÜNZE ÖSTERREICH AG reserves the right to rescind the contract or to reverse the transaction in regard to the respective coins.
Should receipt of paid deliveries on the part of the customer be refused or if deliveries are returned to MÜNZE ÖSTERREICH AG with notes `unresolved´ or `undeliverable´, the customer will be informed by written communication. Costs that arise from non-acceptance or from an incorrect address are charged to the customer’s account. 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.
The addition, alteration or cancellation of a subscription or the deletion from the address list must be done 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 for coins and goods whose price is dependent on the development of financial markets and over which the MÜNZE ÖSTERREICH AG has no influence. Currently these are: Vienna Philharmonic Coins in gold or 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 exist for any product produced according to customer specifications (such as engraved medals).
For any other contract with the online shop the customer has the right of withdrawal from the order within a period of 14 working days (Saturdays do not count as working days) without giving any reason. This period starts with the delivery of goods to the customer. However, should the customer not have received information in full, pursuant to Abs 1 Z 8 FAGG, with the delivery this period is extended to a further 12 months; if you subsequently receive such information within this 12-month period you have 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, through the timely dispatch of the following sample form to the address given below:
Withdrawal pursuant to FAGG
Otherwise notice of withdrawal should be sent to the following address
MÜNZE ÖSTERREICH AG
Am Heumarkt 1
A 1030 Vienna
Fax: +43/1/715 86 10
The goods have to be returned to us by the customer without delay and within 14 days at the latest, in which case return of goods ensues at the expense of the customer. The reimbursement of the customer’s payment will be carried out without delay and within 14 days of our receipt of the goods or of your proof that they have been returned to us. MÜNZE ÖSTERREICH AG may reduce the reimbursement if the customer has used the goods and we need 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.
Should the customer fail to return to the goods received in whole or in part, or return them in a deteriorated condition only, the customer has to reimburse MÜNZE ÖSTERREICH AG, if they had a clear and predominant advantage therein. Any claim for damages compensation remains unaffected. In any case, MÜNZE ÖSTERREICH AG is entitled to deduct the replacement amount from the reimbursement.
The customer can make 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 herein.
5. Place of jurisdiction and applicable law
Exclusive place of jurisdiction for all disputes arising from contracts with customers who are entrepreneurs pursuant to 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 United Nations Convention on Contracts for the International Sale of Goods, unless mandatory law would not be more favourable to the consumer.
Deviations from the herein mentioned terms of payment and delivery must be in written form and are only valid if they are duly signed by MÜNZE ÖSTERREICH AG.
Vienna, May 2014