General Terms and Conditions of Münze Deutschland (formerly the Official Sales Agency for Collector Coins) for Private Customers
(As at February 1, 2020)
Section 1 Scope
Section 2 Contract conclusion and delivery program
Section 3 Order quantity
Section 4 Availability
Section 5 Right of cancellation
Section 6 Charges and billing, payment
Section 7 Delivery, risk assumption and shipment
Section 8 Retention of title
Section 9 Claims for defects
Section 10 Liability
Section 11 Limitation
Section 12 Term and termination
Section 13 Non-assignment clause and offsetting ban
Section 14 Data protection
Section 15 Complaints/dispute settlement
<a "="" href="#016">Section 16 Other provisions
Section 1 Scope
(1) These General Terms and Conditions (GT&Cs) apply to contracts for the individual purchase and regular delivery of coins and coin products between private customers and Münze Deutschland, a brand of the Federal Office of Administration (Seller).
(2) A private customer (Consumer) is any natural person who completes a legal transaction for purposes that are largely not attributable to either their commercial or self-employed activity.
(3) The deliveries and services of the Seller shall be provided exclusively on the basis of these GT&Cs.
Section 2 Contract conclusion and delivery program
(1) The contract comes into effect through acceptance of the customer order (Offer in accordance with Section 145 German Civil Code) by the Seller or the service provider commissioned by it for contract handling. For coins or coin products for which no allocation procedure is intended, acceptance shall take place within two weeks of receipt of the customer order, in the form of delivery of the confirmation letter or service provision.
(2) For coins or coin products for which an allocation procedure (Section 4(1)) is intended, the customer shall receive at most the binding quantity ordered. The customer consents to a minimum delivery and shall order at least the minimum quantity (Offer in accordance with Section 145 German Civil Code). The customer shall be bound to the order placed for a period of three months, starting at the end of the last day of the order deadline. The customer waives the right to a declaration of acceptance (Section 151 German Civil Code). The customer shall be notified of the completion of the allocation procedure and the quantity of coins allocated to it through the transfer of a payment request or a corresponding confirmation letter.
(3) In the case of a subscription, Münze Deutschland undertakes to send binding purchase offers. For individual coins, this shall apply only if order was placed before the coin’s initial issue date or, if an order deadline is specified, before the end of the order deadline.
Section 3 Order quantity
Private customers can issue individual or standing orders (subscription contracts) for the delivery of coins or coin products up to a maximum of 10 coins per issue. In the case of orders in excess of this amount, the Seller reserves the right only to confirm or accept up to this maximum amount. The customer’s offer shall also cover a minimum delivery. To the extent that coins are subject to an allocation procedure (Section 4(1)), the possibility of purchase can be further reduced. There is no delivery obligation.
Section 4 Availability
(1) If a coin and/or coin product is purchased in advance of an ordering period and if the total order quantity exceeds the issue limit of a coin or special product, the Seller reserves the right to make allocations that are less than the order requests, to consider orders in order of receipt and to determine the allocation through lots or random generators.
(2) If a product is not available, the Seller shall inform the customer of the non-availability. Unrequested monies shall be returned to the customer immediately.
Section 5 Right of cancellation
The customer can assert a right to cancel. The customer shall receive a detailed cancellation policy in text form. No right of cancellation applies to the purchase of gold coins. Statutory liability for defects applies to all products.
Section 6 Charges and billing, payment
(1) All products of Münze Deutschland are subject to advance payment. Payment can be made either by bank transfer or by direct debit. The first time an order is placed via the online shop, there is no option to choose. Payment can only be made by bank transfer.
(2) Bank transfer: The Seller sends the customer a payment request with the required details and due date for the bank transfer.
(3) Direct debit: The Seller reserves the right not to apply the direct debit procedure to individual products and individual shipping campaigns. Customers who have signed up for the direct debit procedure shall be notified in writing about the date of debit collection, at the latest two days prior to a debit collection (pre-notification). If the customer and account holder are not the same, the account holder shall receive the notification. The account holder must provide Münze Deutschland with the contact details required for this. On the specified debit collection and due date, the account holder undertakes to ensure there are adequate funds in the relevant account. Account holders shall be liable to reimburse all costs incurred due to failed or returned direct debits, unless the damage would also have occurred even in the event of compliance with the required duty of care.
(4) The Seller shall be entitled to bill the customer for any expenses incurred, for which the customer is responsible (e.g. dunning costs for coin delivery and return direct debit or return fees incurred due to unrequested bank transfers). This shall apply only to the extent that the product is not deficient in the meaning of Section 9 and the customer is not asserting its right of cancellation in accordance with Section 5.
Section 7 Delivery, risk assumption and shipment
(1) Collector coins shall be posted only after receipt of payment pursuant to the payment request sent to the customer or after collection of the invoice amount by direct debit and at the Seller’s risk. There will be no delivery obligation if the customer account has a negative balance. Cash payment on collection of the ordered coins and coin products is excluded. The customer may have the coins or coin products posted to another person (alternative product recipient).
(2) The customer shall bear the costs for shipping of the collector coins and the invoice or notification of direct debit collection. From a product value of more than €55.01, shipping shall be by recorded delivery to the recipient in person or to a person designated to the carrier by the recipient. If coin shipment is not accepted by the customer within the postal storage period (currently seven working days) and the shipment is returned to the Seller, a repeat coin shipment shall be made after payment by the customer of the costs for a further delivery attempt. If a shipment is returned to the Seller three times, the delivery order shall be canceled and the money amount already transferred by the customer shall be reimbursed, minus the costs incurred by the Seller. The same applies if the coins notified to the customer are not requested again within eight weeks of a failed delivery attempt. At the time of the delivery attempts, the customer shall be notified of the effects of failure to request the items again within eight weeks or a return on the third delivery attempt. For international shipping, the Seller reserves the right to select similar shipping methods. The Seller can insist that the customer specify a suitable shipping method.
(3) Unless otherwise expressly agreed, deliveries shall in principle be made within 14 working days of receipt of payment. Deliveries from subscriptions and individual orders shall largely be shipped separately.
Section 8 Retention of title
(1) The Seller retains ownership of all products posted by it to a customer until final and complete payment for the supplied goods. The Purchaser undertakes, until complete payment of the purchase price, not to sell, pledge, lease, lend or dispose of the goods in any other way. In the case of direct debit payment, the Seller retains ownership of the supplied goods until expiry of the cancellation period in force for direct debit payments. A retention of title also extends to the replacement delivery.
(2) In the case of pledges or other interventions by third parties, the customer shall inform the Seller immediately at the address specified in Section 15 item 1, so that a suit can be filed in accordance with Section 771 Civil Code of Procedure. To the extent that the third party is unable to reimburse the Seller for the legal and extrajudicial costs of a suit in accordance with Section 771 Civil Code of Procedure, the customer shall be liable for the loss incurred.
Section 9 Claims for defects
(1) To the extent that there is a defect in the supplied goods, the customer may demand rectification through correction of the faults or subsequent delivery of a fault-free item by the Seller.
(2) If the legal conditions are met, the customer can assert a claim to a reduction of the purchase price (reduction) or withdrawal. Damages can be claimed only under the conditions laid out in Section 10.
(3) The Seller should be notified of obvious defects within 14 days of delivery of the goods in text form (e.g. e-mail); timely submission of the notice of defects is sufficient. This does not apply to concealed defects.
(4) To the extent that the Seller wishes to replace an item in the context of the claims for defects, this shall be done concurrently with return of the supplied goods. If the customer is unable to do this, a value replacement must be made under the legal conditions.
Section 10 Liability
(1) Claims for damages by the customer, for whatever legal reason, as well as claims for reimbursement of expenses on a defect shall be excluded unless the cause of the damage was due to a grossly negligent or intentional breach of an obligation or an at least negligent breach of a key contractual obligation. These are obligations, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose fulfillment the Parties may ordinarily rely and/or obligations, the violation of which puts the achievement of the contractual purpose at risk. For these obligations, the liability is limited to the amount of the typically foreseeable damages.
(2) The above limitation of liability shall not apply to damages from loss of life, bodily injury or damage to health, to liability in accordance with the Product Liability Act or to the extent that the Seller has accepted a guarantee in writing as an exception.
Section 11 Limitation
(1) Contractual claims for damages by customers and claims for reimbursement of expenses on a defect shall expire in two years.
(2) Paragraph 1 shall not apply in the case of a grossly negligent or intentional breach of an obligation or breach of a key contractual obligation as well as in the cases specified in Section 10(2). In such cases the statutory limitation periods shall apply.
Section 12 Term and termination
(1) Subscription contracts shall apply for an indefinite period of time and can be terminated by either Party without a period of notice. For coins with no purchase obligation, non-acceptance of ordered coins shall be considered as termination. In this case, the Seller shall not send any further purchase offers to the Purchaser.
(2) Notice of termination must be given in text form (e.g. e-mail).
Section 13 Non-assignment clause and offsetting ban
(1) The assignment of rights from contract under these GT&Cs and the transfer of these contracts as a whole by the customer requires the prior written consent of the Seller.
(2) Offsetting by the customer against claims of the Seller from these contracts or associated non-contractual claims shall be acceptable only if the counterclaim has been verified or is undisputed.
Section 14 Data protection
(1) Upon initiation, completion, processing and annulment of the purchase order, the Seller or a third party commissioned with distribution of the coins shall collect, store and process data in the context of the statutory provisions. During visits to the Münze Deutschland website, the IP address, date and time, browser type and operating system of the PC currently being used, as well as the pages viewed, are logged. However, no conclusions can be drawn about personal data, nor is this intended. The personal data provided when placing an order or sending an e-mail (e.g. name and contact details) shall be used for correspondence only, and shall be processed only for the purpose for which the data was provided. It shall only be transferred to the shipping company commissioned with delivery, to the extent that this is necessary for delivery of the goods. For processing of payments, the data shall be transferred to the bank commissioned with payment. Apart from that, personal data shall not be transferred to third parties, unless there is a legal obligation to do so, or consent was explicitly granted in advance. To the extent that the services of third parties are used for the implementation and execution of processing procedures, the provisions of the Federal Data Protection Act shall be observed.
(2) Personal data shall only be stored until the purpose for which it was entrusted has been fulfilled. To the extent that commercial and tax law retention periods must be observed, the storage period for certain data may be up to 10 years.
(3) In the event of an objection to the storage of personal data or if the data has become inaccurate, deletion, correction or blocking shall be arranged within the context of the legal provisions. Information about all stored personal data can be requested free of charge at any time. Münze Deutschland, Franz-Zebisch-Straße 15, 92626 Weiden, Germany or info@muenze-deutschland.de is responsible for questions regarding the collection, processing or use of personal data and for its correction, blocking or deletion.
(4) Personal data shall also be used to provide written information about new products and services and to send the customer magazine. The consent to the use of data for these purposes may be withdrawn at any time at the contact addresses above. Shipping of information brochures and advertising material will then cease. Product and service information is only sent electronically (e.g. fax, e-mail, telephone) if corresponding consent has been granted.
(5) To the extent that the Münze Deutschland website contains references or links to third party websites, no guarantee or liability shall be accepted for the correctness and completeness of the content and data security on these websites.
(6) German law shall apply exclusively, to the exclusion of the UN Convention on the International Sale of Goods. In respect of Consumers, this governing law applies only to the extent that no mandatory legal provisions of the country in which the consumer is domiciled or habitually resident are restricted.
Section 15 Complaints/dispute settlement
Münze Deutschland does not participate in dispute settlement procedures before a consumer arbitration board. The legislator has not formulated such obligation for Münze Deutschland. To prevent causing unnecessary costs, Münze Deutschland therefore processes complaints directly. Should you ever be unsatisfied with a delivery, please contact us either by telephone on +49 (0) 961 3818 4400 or in writing to Münze Deutschland (Franz-Zebisch-Straße 15, 92626 Weiden, Germany).
to overviewSection 16 Other provisions
The customer shall provide Münze Deutschland, Franz-Zebisch-Straße 15, 92626 Weiden, Germany with immediate notification of changes that affect the performance of the services (e.g. change of address for delivery) and the contractual relationship (e.g. change of name) in text form (e.g. e-mail).
Last revised: February 1, 2020