Algemene verkoopvoorwaarden

RARECOIN – Online Coin Shop

General Terms and Conditions of Sale

1. General Provisions

1.1

These General Terms and Conditions of Sale for rare coins (GTC of Sale) apply to all purchase contracts concluded between you as the customer (consumer or business customer) and us as the operator of the online coin shop (https://rarecoin.store) or otherwise by means of distance selling or electronic commerce. By placing an order, you accept the GTC in the version applicable at the time the order is submitted.

1.2

A consumer within the meaning of the statutory definition is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. If a company is stated as the customer when the contract is concluded, that company shall be our contracting party as a business customer.

1.3

The operator of the online shop and your contracting party is:

TriaPrima GmbH, O4 4, 68161 Mannheim, Germany, with its registered office in Mannheim, registered in the Commercial Register of the Local Court of Mannheim under HRB 751735. VAT identification number: DE 310828831.

Please contact us if you have any questions, requests or concerns:

Postal address: TriaPrima GmbH, Zentrale Mannheim, O4 4, 68161 Mannheim, Germany
Telephone: +49 (0) 621 40545804
Email: info@rarecoin.store
Web: www.rarecoin.store

1.4

These Terms and Conditions of Sale govern the details of the purchase contract and at the same time contain important customer information in the legally authoritative version. Information on the statutory right of withdrawal and its exceptions can be found below in Clause 6. In our online shop, you can access the GTC during the ordering process, save them to your computer and/or print them out. The GTC applicable to your order will also be sent to you separately together with the order confirmation, for example by email or as a PDF attachment. Individual amendments to these GTC are not possible as part of the ordering process.

1.5

Due to statutory requirements, in particular under anti-money laundering legislation, we may in certain cases be obliged to identify our contracting party and any beneficial owner. In such cases, you are legally required to cooperate, in particular by providing official identity documents and, where applicable, further necessary information and documents. Any changes arising during the course of the business relationship must be notified without delay. Independently of statutory requirements, we generally reserve the right to carry out an identity check and verification of our customers or their representatives from a net goods value of EUR 5,000, using an official photo ID and, where applicable, a written power of attorney in the original or an officially certified photocopy.

1.6

The following delivery restrictions apply:

1.6.1

Our presentation of goods in the online shop is directed exclusively at customers for whom delivery to the delivery address specified during the ordering process is possible in a country currently enabled by us for delivery. Delivery to certain countries or regions may in particular be excluded or restricted in individual cases for legal, sanctions-related, insurance-related, security-related or logistical reasons.

1.6.2

If, by way of exception, the goods are not immediately available, we will state the delivery time in the product description and confirm it when accepting the contract.

1.7

Minimum age and legal capacity: Our products may only be purchased by persons aged 18 or over who have full legal capacity. By submitting the order, the customer confirms that they have reached the age of 18. If a transaction has to be reversed due to lack of legal capacity, a refund will be made only concurrently against return of the original goods supplied by the seller. The returned goods must be complete, unchanged and in perfect condition. No refund will be made if the customer returns different goods, damaged goods, an incomplete delivery or a non-identical product. Any costs arising from a reversal due to lack of legal capacity for which the customer is responsible shall be borne by the customer. This includes in particular shipping, return shipping, customs, import, handling, inspection and other fees that may arise in connection with returns from Germany or abroad.

2. Conclusion of Contract, Order Processing, Customer Account

2.1

The product descriptions contained in our online shop do not constitute a binding offer for sale. The offer to conclude a purchase contract with us is made by you as the customer.

2.2

You can submit an offer to purchase using the order form integrated into the online shop by completing the form in full and clicking the button that completes the ordering process, labelled “Place order with obligation to pay”, thereby submitting a legally binding contractual offer in relation to the goods contained in the virtual shopping cart (“Order”). Before submitting your order, you can review and amend it at any time using the “View cart” button. Before placing your order, you can also review and, where necessary, amend the information concerning shipping and payment methods. You remain bound by your order for five days excluding Saturdays, Sundays and public holidays (“Bank Working Days”), which means that the contract becomes binding if we accept your order within this period.

2.3

After submitting the order, you will receive within 5 Bank Working Days an email confirming both receipt and acceptance of your order, including the payment request (“Order Confirmation”). The contract becomes binding in accordance with these GTC upon receipt of the Order Confirmation. If you do not receive an Order Confirmation within the above period, the offer shall be deemed rejected.

2.4

As soon as the invoice amount for your order has been paid in full and correctly, we will arrange dispatch of the goods in accordance with the agreed shipping method. You will receive confirmation of this by email (“Shipping Confirmation”). The Shipping Confirmation once again provides a binding summary of the individual details of your order, in particular the product, quantity, price, billing and delivery address, shipping provider and payment.

2.5

You have the option of creating a customer account in the online shop by registering as a customer, providing complete and accurate information and choosing a password. The customer account allows you to store your personal data in our system for future transactions, in particular orders, and, where applicable, to use further functions offered as a non-binding service, such as a wish list or comparison list.

2.6

We are entitled to revoke our Order Confirmation if our website presentation or our Order Confirmation inadvertently contains errors or omissions that adversely affect the contractual content to our disadvantage, for example unintended deviations from the current market price, in particular as a result of faulty data processing. In such a case, we will declare the revocation within one week after discovering the error, for example by email, and will promptly refund any purchase price already paid, including ancillary costs. Our statutory rights, in particular the right to avoid the contract on the grounds of mistake, remain unaffected.

2.7

The contract is concluded in German. The contract text (consisting of the Order Confirmation together with the GTC and payment request) is stored by us in compliance with data protection requirements and sent to you by email. Previous orders can be viewed in your customer account.

3. Prices, Shipping and Ancillary Costs

3.1 Prices

The final prices stated in our online shop for precious metal goods, in particular coins, are determined on the basis of current precious metal prices on the financial market and are updated regularly. Where applicable, the prices include statutory VAT and all other price components. Prices are stated in euros (EUR), plus the shipping costs specified below.

3.2 Delivery

We deliver under the conditions, shipping methods, delivery restrictions and costs listed in the online shop, in particular under the “Payment and Shipping” section. Delivery is made to the delivery address specified by you during the ordering process within Germany and to foreign countries currently enabled by us for delivery. Delivery to certain countries or regions may be excluded or restricted in individual cases for legal, sanctions-related, insurance-related, security-related or logistical reasons.

3.3 Shipping Costs

Shipping costs depend on the net goods value, destination country, applicable shipping zone and the shipping method offered during the ordering process.

The applicable shipping costs are shown separately in the online shop, in particular under the “Payment and Shipping” section and during the ordering process before you submit your order, and are borne by the buyer unless free shipping is expressly stated. Where additional services, surcharges or different shipping costs apply to certain orders or shipping methods, these will also be shown separately during the ordering process.

3.4 Maximum Value per Shipment

The maximum value of any individual shipment is EUR 25,000. If the value of an order exceeds EUR 25,000, delivery will automatically be made in several separate shipments. Several orders with a combined value exceeding EUR 25,000 cannot be shipped together as a single package. The applicable shipping costs pursuant to Clause 3.3 apply to each partial shipment.

3.5 Deliveries Outside the European Union

For deliveries to countries outside the European Union, the buyer bears all import duties, customs duties, taxes and other charges incurred in the destination country. These are not calculated by us and are not part of our invoice, but may be charged separately by authorities, the shipping provider or other entities in the destination country. The buyer is responsible for informing themselves before placing the order about the regulations applicable in the destination country and the costs incurred there, and for paying those costs.

3.6 Refusal of Acceptance and Return Costs

If a shipment cannot be delivered or is returned to us because acceptance is refused, the shipment is not collected, the delivery address is incorrect or other circumstances attributable to the buyer apply, the buyer bears the resulting costs. These include in particular return shipping costs, storage costs, handling fees charged by the shipping provider and other additional expenses. This also applies in particular where delivery fails because import duties, customs duties, taxes or other charges have not been paid. In such cases, the purchase price will be refunded only after the goods have been returned to us and less the costs actually incurred.

4. Payment, Withdrawal from the Contract, Damages and Retention of Title

4.1

The available payment methods and applicable shipping costs are set out in the online shop, in particular under the “Payment and Shipping” section, and in the information provided during the ordering process.

4.2

The invoice amount is due upon conclusion of the contract and must be credited finally and unconditionally to our account within five Bank Working Days. Due to the significant fluctuations in precious metal prices on the financial market, compliance with this payment period is material to us. Payments may generally only be made by the buyer. We reserve the right to reject payments made by third parties or other payments requiring enhanced review, or to make them subject to further verification.

4.3

If payment is not received within the payment period, we are entitled to the statutory rights arising from non-performance and payment default. In particular, where the statutory requirements are met, we are entitled to withdraw from the contract without setting a further deadline and to claim damages. Compensable loss may in particular consist of a lower amount realised upon resale of the goods as a result of an intervening fall in precious metal prices.

4.4

We are also entitled to withdraw from the contract if a payment already made is reversed for reasons for which we are not responsible (chargeback) or if there are factual indications of an abusive payment, for example transfer fraud. Further claims, in particular claims for damages, remain reserved.

4.5

Until the invoice amount has been paid in full, we retain title to the goods supplied in all cases.

5. Delivery and Transfer of Risk

5.1

If the relevant goods are marked as “in stock” and no different delivery period is stated or agreed, the goods are immediately available. Within Germany, dispatch usually takes place approximately 2 to 4 working days after receipt of payment. For deliveries abroad, longer delivery times may result from customs clearance, security checks, country-specific circumstances or other circumstances beyond our control.

5.2

If we are unable to meet a binding delivery deadline for reasons beyond our control, for example because the goods are unavailable due to non-delivery by our supplier without fault on our part or due to force majeure, we will inform you without delay and, where applicable, state a new expected delivery period. If the new delivery period is not acceptable to you, or if the goods are not available within the new delivery period or are unavailable altogether, either party is entitled to withdraw from the contract with regard to the affected goods. Any consideration already paid will be refunded without delay. The statutory rights of both parties remain unaffected.

5.3

The risk of accidental deterioration and accidental loss of the goods passes in accordance with the statutory provisions. If you are a consumer, this means in particular upon handover to you, when you are in default of acceptance, or upon handover to a person found at the agreed private address who, in the circumstances, is authorised to receive the shipment and acknowledge receipt. If you are a business customer and the goods are delivered to your business address, you bear the risk of loss of or damage to the goods during transport. In that case, the goods are handed over by us “ex warehouse” to the shipping provider.

5.4

We accept no liability for delivery arrangements that you make directly with the shipping provider, for example instructions to leave the shipment on the property or hand it over to neighbours, or for any other arrangements concluded by you directly with the carrier.

6. Right of Withdrawal and Exceptions

6.1

Where consumers have a statutory right of withdrawal, the following withdrawal information applies. A right of withdrawal exists in particular for non-personalised gift items or accessories, unless a statutory exception under Clause 6.2 applies.

Withdrawal Information

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, takes possession of the goods. If you have ordered several goods as part of a single order and they are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, takes possession of the last of the goods.

To exercise your right of withdrawal, you must inform us (TriaPrima GmbH, O4 4, 68161 Mannheim, Germany, Telephone: +49 (0) 621 40545804, Email: info@rarecoin.store) of your decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.

You can also exercise your right of withdrawal online at https://rarecoin.store using the “Withdraw from contract” function available in the footer. If you use this online function, we will promptly send you an acknowledgement of receipt on a durable medium (for example by email), containing information on the content of the withdrawal declaration as well as the date and time it was received.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You shall bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model Withdrawal Form

If you wish to withdraw from the contract, please complete and return this form.

To:
TriaPrima GmbH
O4 4
68161 Mannheim
Germany
Email: info@rarecoin.store

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods () / for the provision of the following service (*):

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) only if this form is notified on paper:

Date:

(*) Delete as appropriate.

6.2 Exclusion of the Right of Withdrawal

Consumers do not have a statutory right of withdrawal where the relevant contract falls within a statutory exception to the right of withdrawal. This applies in particular in the following cases:

6.2.1 Precious Metal Products and Price-Dependent Goods

There is no statutory right of withdrawal for contracts for the supply of goods whose price depends on fluctuations in the financial market which are beyond our control and which may occur within the withdrawal period. This applies in particular to precious metal products, gold coins, platinum coins, palladium coins, silver coins and other precious-metal-containing collector and investment coins. The legal basis is Section 312g (2) No. 8 of the German Civil Code (BGB).

6.2.2 Individually Manufactured or Personalised Goods

There is also no statutory right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose production an individual selection or decision by you is decisive, or that are clearly tailored to your personal needs. This applies in particular to personalised gift items, individually engraved products or accessories manufactured to customer specifications. The legal basis is Section 312g (2) No. 1 of the German Civil Code (BGB).

The customer’s statutory rights in the event of defects, incorrect deliveries or transport damage remain unaffected.

7. Liability for Defects and Damages

7.1

Our liability for defects and damages is governed by the statutory provisions unless otherwise provided below.

7.2

The descriptions of the goods in our online shop and, where applicable for gift items or accessories, more detailed manufacturer information and instructions supplied with the goods shall be deemed agreements as to the characteristics of the goods. For coins certified by NGC, PCGS or another independent grading service, the stated grade (for example PF70 or MS70) means the grade with which the grading service certified the specific coin.

7.3

Population information, in particular “Top Pop”, reflects the status of the respective grading service’s Population Report at the time the information is stated. It may change after the purchase as further specimens are certified. Such a subsequent change does not constitute a defect.

7.4

For contracts with business customers, the general limitation period for claims for defects (Section 438 (1) No. 3 BGB) is one year from delivery, unless we are liable for damages pursuant to the following Clause 7.5.

7.5

We are liable for intent and gross negligence. We are also liable for the negligent breach of obligations whose fulfilment is essential for the proper performance of the contract, whose breach would jeopardise the achievement of the purpose of the contract and on whose compliance a customer may regularly rely. In the latter case, however, our liability is limited to the foreseeable loss typical for the contract. The seller is not liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.

7.6

The foregoing exclusions of liability do not apply in the event of injury to life, body or health. Liability under the German Product Liability Act remains unaffected.

7.7

Data communication via the internet cannot, according to the current state of technology, be guaranteed to be error-free and/or available at all times. To this extent, we are not liable for the constant and uninterrupted availability of the online trading system and online services.

7.8

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

8. Final Provisions

8.1

Any amendments or additions to these General Terms and Conditions must be made in writing. This also applies to any waiver of this written-form requirement.

8.2

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which a consumer has their habitual residence remain unaffected.

8.3

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office in Mannheim, Germany. Unless otherwise stated in the Order Confirmation, our registered office in Mannheim shall be the place of performance.

8.4

If one or more provisions of this contract are or become wholly or partly void, invalid or unenforceable, the validity of the remaining provisions shall not be affected. The void, invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as legally and economically possible to what the parties intended or would have intended, having regard to the meaning and purpose of this contract at the time it was concluded, had they been aware of the invalidity, ineffectiveness or unenforceability. The same applies to any omissions in this contract.