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Terms and Conditions

General Terms and Conditions of the company Emporium Hamburg Münzhandelsgesellschaft mbh

§1 Scope
1.1 
For all business relations between you as a consumer/end customer and us, these Terms and Conditions as well as the law of the Federal Republic of Germany shall apply. For merchants as defined by the German Commercial Code, solely our “Delivery and Payment Terms for Wholesalers" apply.

1.2 These Terms and Conditions and, furthermore, German law, under exclusion of the UN Convention on the International Sale of Goods, also apply to customers who have their domicile or permanent residence outside of Germany.

§ 2 Offer and contract conclusion
2.1 
You can place your order for the items presented in the online shop, in the prospectus or in the price lists. Our presentation of the article is not a legally binding offer, but a non-binding catalogue illustrating examples. We reserve the right to correct errors or mistakes in the presentations. Offers are valid only so long as supplies last.

2.2 By clicking on the button "Buy now" or submitting the order by e-mail you are entering a legally binding purchase offer for the products contained in the shopping cart or in the e-mail. Our confirmation e-mail indicates that your order has reached us and is being forwarded for further processing, but not that a contract has been concluded.

2.3 A purchase contract is deemed to be in force only through explicit acceptance of your purchase offer in the form of an order confirmation sent by e-mail or by delivery of the goods.

§ 3 Prices and shipping costs
3.1 
All prices and shipping costs are specified in euros and include the statutory value-added tax. We expressly reserve the right to apply differential taxation to individual articles according to § 25a of the German Turnover Tax Act. All shipments to non-EU countries are always sent without payment of duties, customs duties or import taxes (contact your Customs Office for details). No VAT is charged on such shipments, however.

3.2 The shipping costs depend on the content, value and type of the shipment. The shipping costs are displayed in the online shop during the order process or will be communicated to you in advance on request. 
Currently, shipping charges are calculated as follows:

Within Germany     Outside Germany  
From         Costs   From         Costs
0.00 € 9.95 €   0.00 € 30.00 €
500.00 € 14.95 €   5,000.00 € 60.00 €
2,500.00 € 19.95 €   10,000.00 € 75.00 €
5,000.,00 € 24.95 €   15,000.00 € 90.00 €
20,000.00 € 39.00 €   20,000.,00 € 105.00 €
30,000.00 € 49.00 €   50,000.,00 € 120.00 €
50,000.00 €
55,00 €
 


§ 4 Payment
4.1 
The payment method is that selected by you in the order.

4.2 For payments against invoice or for partial payments, the invoice amount is payable and due immediately after receipt of the delivery. In the event of delay we are entitled to the statutory interest on arrears according to § 288 BGB (German Civil Code), and moreover, to a handling fee.

4.3 If due to your right of cancellation you return the delivery, amounts already debited will be credited to you.

4.4 A right to set-off is available to you only if your counterclaims are legally binding, undisputed, or acknowledged by us in writing.

4.5 Transaction costs for payments via bank transfer (1%) or PayPal (2%) are displayed to you during the ordering process and must be paid by you.

§ 5 Delivery, delivery times
5.1 
The goods are delivered in principle by post; a pick-up at our premises is possible only after prior consultation and by appointment.

5.2 The expected shipping date will be communicated to you during the ordering process. If you select "Prepayment”, it will be communicated only after receipt of payment.

5.3 We are entitled to partial deliveries and partial services. The shipping and packing costs, however, will be charged to you only once.

§ 6 Retention of title
The goods remain our property until payment has been made in full.

§ 7 Cancellation policy
7.1 
For you as a consumer as defined by § 13 BGB, the following applies:

Right of revocation

You have the right to cancel this contract within 14 days without giving reasons.

The revocation period is fourteen days from the date on which you or a third party delegated by you which is not the carrier took possession of the last partial shipment or the last item.

To exercise your right of cancellation, you must send your notification to us at

Emporium Hamburg Münzhandelsgesellschaft mbH
Süderstraße 288, 20537 Hamburg
Tel.: 040/25799-108
Fax: 040/25799-100
E-mail: info@silber-werte.de

in the form of a letter sent by post, a fax or e-mail, stating your decision to cancel this contract. You may also use the attached sample cancellation form which, however, is not obligatory.

You can also fill out and submit the cancellation form or make another unambiguous declaration electronically on our Web page “(http://www.silber-werte.de/Service-Center/Widerrufsformular)”. If you do make use of this option, we will send you a confirmation of the receipt of such revocation immediately (e.g. by e-mail).

To comply with the revocation period it is sufficient that you submit the notice of the exercise of the right of withdrawal before the withdrawal deadline.

Consequences of revocation

If you cancel this contract, we must return to you all payments that we have received from you including the delivery charges (except additional costs arising from your having chosen a different type of delivery than the most cost-effective standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. To carry out this repayment we will use the same means of payment used by you in the original transaction, unless something else has been expressly agreed with you; in no case will this repayment lead to fees being charged to you. We may refuse to refund payments until the goods are once again in our possession or until you have demonstrated that you have returned the goods, depending on which is the earlier date.

You must immediately, or in any case no later than fourteen days from the date at which you notify us of the cancellation of this contract, send the goods back or have them delivered to Emporium Hamburg Cointrading Ltd.The deadline shall be deemed met if you send the goods before the expiration of the fourteen days. We will pay the direct cost of returning the goods.

You must pay for a possible loss in value of the goods only if this loss in value is due to your unnecessary handling of the goods to test their quality, properties and functioning.
 
7.2 Please avoid damaging or dirtying the goods. Return the goods to us, if possible, in their original packaging with all accessories and all packaging components. If you no longer have the original packaging, please use appropriate packaging that will adequately protect the goods from damage during transit to avoid damage compensation claims resulting from inadequate packaging.

7.3 If we have not agreed on a pick-up with you, please return the goods to us as an insured package and retain the delivery receipt. We will also be happy, on request, to refund you the postal charges in advance.

7.4 Please note that the arrangements referred to in paragraphs 7.2 and 7.3 are not a prerequisite for the effective exercise of the right of withdrawal.

7.5 There is no right of withdrawal under § 312 g Abs. 2 Ziff. 8 BGB if our delivery is of goods whose prices are subject to fluctuations on the financial market that may occur during the withdrawal period and over which we as a company have no influence.

§8 Warranty
The warranty complies with the statutory provisions.

§9 Liability
9.1 
We exclude our liability for negligent breaches of duty so long as these concern no essential contractual duties, death, injury or impaired health, or guarantees or claims that fall under the Product Liability Act.

9.2 We can also not be held liable for consequential damages, such as for example increases in value that have been missed out on.

9.3 All links to external sites were carefully checked by us when creating the page. Possible legal violations were not discernible at the time of linking; we therefore assume no liability for external links.

§ 10 Data protection, credit assessment
10.1 
Data protection is important to us. We have compiled our data privacy policy under our “Data Protection Notice (http://www.silber-werte.de/Datenschutzhinweis)” and on the back of the invoice.

10.2 You can visit our site without having to provide information about yourself. We store only access data that does not refer to persons, such as the name of your Internet service provider, the page from which you visit us, and the requested file. All this information is evaluated solely for improving our offer and allows no inference to be made about your person.

10.3 Your personal data will be collected only if you voluntarily share it with us in the context of ordering goods or when opening a customer account or registering for our newsletter.

10.4 Your data will be passed on to the shipping company responsible for the delivery, insofar as this is necessary to deliver the goods. We will also share your payment data with the credit institution responsible for processing payments.

10.5 On various pages we deploy cookies to make visiting our online sites attractive and to allow the use of certain functions. Cookies are small text files that are stored on your computer; however, most of the cookies that we use are deleted from your hard drive at the end of the session. Other cookies remain on your computer and allow us to recognise your computer the next time you visit. These persistent cookies serve to greet you by your user name and save you from re-entering your password or filling out forms for repeat orders.

10.6 If you have signed up for the e-mail newsletter, we will use your name and e-mail address for our own advertising purposes until you unsubscribe from the newsletter.

10.7 Under the German Federal Data Protection Act you have the right to information on your stored data at no charge, and the right to correct, block or delete this data. For all questions regarding data protection and also for corrections, blocking and revocation, please contact us at:

Emporium Hamburg Münzhandelsgesellschaft mbH
Süderstraße 288, 20537 Hamburg
Tel.: 040/25799-108
Fax: 040/25799-100
E-mail: info@silber-werte.de

10.8 If we provide service in advance of payment when you sign up as a new customer, we run a credit check based on mathematical and statistical procedures to protect our legitimate interests. The protection of your legitimate interests are taken into account in compliance with the statutory provisions. We will not pass your information on.

§11 Final provisions
11.1 
Should any provision of these terms and conditions be invalid, the remainder of the contract shall remain in effect. In place of the invalid provisions, the relevant statutory provisions shall apply.

11.2 All agreements must be in writing. Verbal declarations by us are binding only if they are confirmed by us in writing.

Emporium Hamburg Münzhandelsgesellschaft mbH (As of: May 2014)

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