GENERAL TERMS AND CONDITIONS
§ 1 Scope of application
Our following General Terms and Conditions apply to all legal transactions between Numismatisches Antiquariat Lang GmbH and the customer. Any terms and conditions of purchase of the customer that deviate from our terms and conditions are hereby expressly objected to; this objection shall also apply in the event that the customer has prescribed a special form for the objection. If an objection is excluded, the statutory provisions shall take the place of any conflicting terms and conditions. Deviating terms and conditions of purchase shall only be recognized if their application has been confirmed by us in writing.
§ 2 Conclusion of contract
Your order constitutes a binding offer to us to conclude a purchase contract. A legally valid purchase contract is only concluded when we have accepted your offer within 14 days. This is done by our written confirmation or by sending the ordered product to you. We will immediately confirm receipt of an order placed via the Internet by sending an e-mail to the e-mail address you have provided. The confirmation of receipt does not constitute a binding acceptance of the order; however, the declaration of acceptance may be combined with the confirmation of receipt. No liability is assumed for the correctness, completeness and up-to-dateness of the texts and illustrations presented on the Internet and in the stock list or stock catalogs. Misprints and errors excepted. Verbal information provided outside of a written order is non-binding and must be in writing to be valid. By placing an order you accept our general terms and conditions.
§ 3 Shipping costs
We bear a large part of the costs for the careful packaging and reliable delivery of the goods. The shipping costs are calculated individually according to size, weight and destination country. If you exercise your right of withdrawal, you must bear the costs of returning the goods.
§ 4 Delivery, delivery period
Delivery, in particular to buyers unknown to us, shall only be made against advance payment, unless otherwise agreed. In the case of prepayment, an invoice will be sent to you (by e-mail) upon acceptance of your offer, which you must pay to us within 10 days. After receipt of payment, we will send the goods to you within 14 days. If a particular item is not available, we will send you an item of the same quality and price (replacement item), if requested by you when ordering. Reservation: If our supplier does not supply us with the ordered goods despite contractual obligation, we are entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. Any purchase price already paid will be refunded immediately. If we are temporarily prevented from delivering the object of purchase within the agreed period or within 14 days or from providing the contractually owed service due to operational disruptions, work stoppages, lockouts, official orders or other cases of force majeure occurring at our premises or at one of our suppliers, this period shall be extended by the duration of the hindrance. In this case, we shall inform the customer immediately of the hindrance and its expected duration. If the hindrance lasts longer than four weeks, both parties have the right to withdraw from the purchase contract. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover or, in the case of sale by dispatch, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods are handed over. If the consumer is in default of acceptance of the sold item, this shall be deemed equivalent to handover. The shipping risk to be borne by us is covered by the conclusion of adequate insurance policies.
Die Lieferung erfolgt an die vom Kunden angegebene Adresse. Die Gefahr geht über, sobald die Sendung an den Kunden oder dessen Bevollmächtigten ausgeliefert ist. Der Kunde hat die Ware unverzüglich auf äußere Beschädigung zu überprüfen, diese durch Beweismittel festzuhalten und auf den Begleitpapieren zu bescheinigen.
§ 5 Payment
All prices are quoted in euros and include the statutory VAT applicable at the time of the order. Any other applicable taxes as well as import and export taxes are to be paid by the customer. If necessary, the customer must inform himself about this in advance or contact us. Delivery is only made against advance payment; payments are due by bank transfer to the following account within 10 calendar days of the invoice date at the latest (sent by e-mail). The printed invoice will be sent with the delivery of the goods.
Our bank details for payments
Account holder: Numismatisches Antiquariat Lang GmbH
Bank: Kreissparkasse München Starnberg Ebersberg
IBAN: DE64 7025 0150 0023 0904 26
BIC (SWIFT): BYLADEM1KMS
A buyer's premium of 25 % including VAT will be charged on the hammer price of the lots purchased in the auctions (differential taxation, not shown on the invoice). The amount of the buyer's premium can be found in the online catalog of the auctions on the Internet. Within the EU, bank transfers may only be carried out as SEPA transfers. If direct costs are incurred for SEPA transfers within the EU (costs may be incurred depending on the executing bank), these direct costs shall be borne in full by the customer when the transfer is executed. No cost-covering surcharges will be levied by the seller. The costs for bank transfers from outside the EU must be borne in full by the buyer when the transfer is executed. The Seller shall inform the Buyer individually about other payment methods permitted by the Seller and any costs incurred by the Buyer.
The shipping costs are to be borne by the buyer.
The following increments are to be observed in the auctions:
Starting price - current bid
0 - 100 €
100 - 200 €
200 - 300 €
300 - 500 €
500 - 1.000 €
1.000 - 2.000 €
2.000 - 3.000 €
3.000 - 5.000 €
5.000 - 10.000 €
10.000 - 20.000 €
20.000 € - 30.000 €
30.000 - 50.000 €
50.000 - 100.000 €
§ 6 Right of revocation
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1, 2 EGBGB and our obligations under § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period.
The revocation is to be sent to:
Numismatic Antiquarian Bookshop Lang GmbH
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned within 14 days of receipt of the revocation by the seller and any benefits derived (e.g. interest) must be surrendered.If you are unable to return or surrender to us the performance received and benefits (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for the value.You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Goods that can be sent by parcel post are to be returned at our risk. You must bear the regular costs of the return shipment if the delivered goods correspond to those ordered. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payment must be fulfilled within 14 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
If you have financed this contract with a loan and later revoke it, you are no longer bound by the loan agreement if both contracts form a single economic unit.This is to be assumed in particular if we are also your lender or if your lender makes use of our cooperation with regard to the financing.If we have already received the loan when the revocation takes effect or when the goods are returned, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return.The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual commitment as far as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you are also entitled to a right of withdrawal for this.
Withdrawal is excluded if the goods have been customized in accordance with the customer's specifications at the customer's express request. An example of such customization is restoration.
End of the revocation instructions
§ 7 Retention of title
In the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled.
As long as the purchase price has not been paid in full, the customer is obliged to
a) to treat the goods with care, in particular not to clean coins or treat them with chemical agents or other objects, and
b) to notify us of any access by third parties to the goods, for example in the event of seizure, any damage to the goods or their destruction and/or
c) to notify us immediately of any change of ownership of the goods or any change of residence.
We are entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We hereby accept the assignment. After the assignment, the entrepreneur is entitled to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
§ 8 Liability for defects
If delivered items have obvious defects, including transport damage, you are obliged to complain about such defects immediately. However, failure to make this complaint has no consequences for your statutory claims if you are a consumer. It is possible that individual items are present more than once. It is not always possible to show or list all items in a catalog or on the website. The delivery of an identical item that is not pictured does not constitute a defect unless you have expressly stated in your order that you wish to receive exactly the item pictured and described. The authenticity of all books and catalogs offered is guaranteed. The customer is entitled to the statutory warranty rights. You can contact our customer service in writing, by telephone and by e-mail during normal business hours. In the event of a warranty claim, the consumer is entitled, at his discretion, to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance). If the chosen type of supplementary performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of supplementary performance.Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or the failure of subsequent performance twice or our refusal of subsequent performance. If the seller is an entrepreneur, we shall be entitled, at our discretion, to remedy the defect or deliver defect-free goods within one year of the delivery date in accordance with § 439 BGB. After the expiry of one year from the date of delivery, the warranty claims of the entrepreneur shall be limited to rectification of defects or crediting of the current value at our discretion.
The return of the goods by the customer to the seller in the event of a notice of defects must take place in the same secure packaging and in the same shipping method (e.g. registered mail) in which the customer received the goods from the seller. Costs for special delivery methods, such as express delivery or customs duties, shall not be borne by the seller, nor shall additional costs incurred as a result of the goods being taken to a place other than the place of performance.
§ 9 Data protection
All personal data will be treated confidentially and will not be passed on to third parties. The buyer agrees that the personal data contained in the purchase contract may be stored and processed for internal, administrative purposes of the seller.
§ 10 Limitation of liability
In all cases in which we are obliged to pay compensation for damages or expenses on the basis of contractual or statutory claims, we shall only be liable insofar as we are guilty of intent, gross negligence or injury to life, limb or health. Strict liability under the Product Liability Act remains unaffected. Liability for the culpable breach of essential contractual obligations shall also remain unaffected; however, liability in this respect shall be limited to the foreseeable damage typical of the contract, except in the cases of sentences 1 and 2. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
§ 11 Applicable law, place of jurisdiction
Place of fulfillment is Munich. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Numismatisches Antiquariat Lang GmbH, Munich. The same shall apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if the place of residence or habitual abode is not known at the time the action is brought. Insofar as correspondence is conducted in a foreign language or documentation or information is written in a foreign language, the German language shall apply exclusively in cases of doubt. The German version of these terms and conditions shall be authoritative.Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
In the event of a loophole, the parties shall agree a provision that helps to enforce the will of the parties that is recognizable from the overall content of the contract.
Online platform for the settlement of disputes in online trading:
The European Commission provides a platform for online dispute resolution (OS).
You can find the platform at http://ec.europa.eu/consumers/odr/