RARECOIN- Online coin store
General conditions of sale
1. General
1.1 These General Terms and Conditions of Sale for Rare Coins (GTC Sales) apply to all sales contracts concluded between you as a customer (consumer and entrepreneur) and us as the operator of the online coin shop (https://rarecoinv4.wpengine.com) or in any other way by way of distance selling or electronic commerce. As part of the ordering process, you accept the GTC in the version valid at the time the order is placed.
1.2 A consumer within the meaning of the legal definition is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. If a company is specified as the customer when the contract is concluded, this company becomes our contractual partner as an entrepreneur.
1.3 The operator of the online shop and your contractual partner is:
TriaPrima GmbH, O4 4, 68161 Mannheim, with registered office in Mannheim, registered in the commercial register of the Mannheim District Court under HRB 751735. VAT identification number: DE 310828831.
Please contact us if you have any questions, requests or concerns:
Postal address: TriaPrima GmbH, Headquarters Mannheim, O4 4, 65181 Mannheim, Telephone: +49 (0) 621 40545804, Email: info@rarecoin.store, Web: www.rarecoin.store
1.4 The terms and conditions of sale regulate 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 store you can call up the GTC when ordering, save them on your computer and/or print them out. However, we will send you the GTC that apply to your order again separately together with the order confirmation (e.g. by e-mail, PDF attachment). Individual changes to these Terms and Conditions are not possible within the scope of the order.
1.5 We may be required by law (in particular the Money Laundering Act) in certain cases to identify our contractual partner and any beneficial owner. In this case, you are legally obligated to cooperate, in particular to present official identification documents and any other necessary information and documents. Any changes arising in the course of the business relationship must be notified immediately. Irrespective of legal regulations, we generally reserve the right to verify the identity and legitimacy of our customers or their representatives by means of an official photo ID and, if necessary, a written power of attorney as an original document or an officially certified photocopy for goods with a net value of EUR 5,000.00 or more.
1.6 The following delivery restrictions apply:
1.6.1 Our product presentation in the online shop is aimed exclusively at customers who are resident in countries where delivery of goods is possible. Exceptions to this are, for example, countries that are subject to sanctions in Germany or the European Union or to which delivery is otherwise not possible for logistical reasons.
1.6.2 If the goods (in exceptional cases) cannot be delivered immediately, we will indicate the delivery time in the description of the goods and confirm it with the acceptance of the contract.
2. Conclusion of contract, order processing, user account
2.1 The product descriptions contained in our online shop do not constitute a binding offer to sell. The offer to conclude a purchase contract with us comes from you as the customer.
2.2 You can submit the sales offer via the order form integrated in the online shop by filling out the form completely and clicking the “Order with payment” button that concludes the ordering process to submit a legally binding contract offer with regard to the goods contained in the virtual shopping cart (“Order”). Before that, you can view and change your order at any time by clicking the “View Cart” button. Before submitting your order, you can also double-check the shipping and payment information and change it if necessary. You are bound to your order for five days excluding Saturdays, Sundays and public holidays (“banking days”), i.e. the contract is binding if we accept your order within this period.
2.3 After submitting the order, you will receive a confirmation of receipt and acceptance of the order by email within 5 banking days, including the request for payment (“Order Confirmation”). Through the order confirmation, the contract is bindingly concluded in accordance with these GTC. If you do not receive an order confirmation within the aforementioned period, the offer will be deemed rejected.
2.4 As soon as the invoice amount of your order has been paid in full and correctly, we will arrange for the delivery of the goods in accordance with the agreed shipping method. You will receive a confirmation of this by e-mail (“shipping confirmation”). The shipping confirmation summarizes the individual parts of your order (in particular product, quantity, price, billing and delivery address, shipping service provider, payment) again in a binding manner.
2.5 You have the option of creating a user account in the online shop by registering as a customer, providing your complete and truthful data and choosing a password. Using the user account, you can conveniently store your personal data in our system for future transactions (orders) and, if necessary, use other functions as a non-binding service (e.g. wish list, comparison list).
2.6 We are entitled to revoke our order confirmation if our Internet presentation and/or order confirmation mistakenly contains errors or omissions that have a detrimental effect on the contract content (e.g. unintentional deviations from the current market price, in particular due to faulty data processing). In this case, we will declare the revocation within one week after discovery of the defect (e.g. by e-mail) and immediately refund the purchase price already paid, if any, including incidental costs. Our statutory rights, in particular the right to challenge the contract due to error, remain unaffected.
2.7 The contract is concluded in German. The contract text (consisting of order confirmation with terms and conditions and request for payment will be stored by us in compliance with data protection and sent to you by e-mail. You can view past orders in your user account.
3. Prices, shipping and additional costs
3.1 The final prices for precious metal goods (coins) stated in our online shop are determined and updated according to the precious metal prices on the financial market. The prices include any applicable statutory value-added tax and all other price components. They are in EURO and plus the shipping costs stated below.
3.2 We deliver under the conditions and at the costs listed in the online shop under the heading “Payment and Shipping”. Currently, it is possible to have the goods delivered by a transport company (shipping service provider or valuables courier) to a delivery address specified by you in Germany (shipping) or to collect them personally from our headquarters free of charge (self-collection).
3.3 The shipping costs are
For Germany: EUR 7.95 for a net goods value up to EUR 500, EUR 14.95 for a net goods value from EUR 500 to EUR 10,000.00, EUR 35.00 for a net goods value from EUR 10,000.00 to EUR 15,000.00 and EUR 50.00 for a net goods value from EUR 15,000.00. The maximum value per individual delivery is 25,000 euros, a joint shipment of several orders over 25,000 euros as one packing unit is not possible for technical reasons. Shipping costs are calculated and due per order.
For the European Union, a flat rate of 39 euros.
For all other countries (except those affected by sanctions to which we cannot deliver) a flat rate of 79 euros.
3.4 For goods with a net value of 500 euros or more, shipping will be carried out by a service provider specializing in the shipping of valuables.
4. Payment, withdrawal, compensation and retention of title
4.1 Payment of the purchase price and shipping costs (invoice amount) shall be made in accordance with the options stated in the online shop under the heading “Payment and Shipping”.
4.2 The invoice amount is due for payment immediately upon conclusion of the contract. Payment must be made within 5 banking days by final and unconditional credit to our account. We reserve the right to examine payments more closely under certain circumstances (e.g. payment by third parties) and, if necessary, to reject them.
4.3 If payment is not made within the above due date, we are entitled to withdraw from the contract – even without setting a grace period (fixed-term transaction) – and are entitled to claim default interest and damages. Our claim for damages consists at least of the price change that may have occurred for the goods on the financial market in the meantime (“price drop”).
4.4 We are also entitled to withdraw from the contract if a payment that has already been made is reversed for reasons beyond our control (charge back) or if there are actual indications of an improper payment (e.g. transfer fraud). Further claims, in particular for damages, remain reserved.
4.5 We retain title to the delivered goods until the invoice amount has been paid in full.
5. Delivery and transfer of risk
5.1 If the respective goods are marked “in stock” or no different delivery period is specified or agreed, the goods are available immediately. In this case, the delivery period is approximately 2 to 3 working days (applies to Germany; other countries have longer delivery times, e.g. due to customs activities that we cannot influence) after payment, of which we will inform you by email.
5.2 If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (unavailability of the goods, e.g. due to a lack of delivery by our sub-supplier through no fault of our own or force majeure), we will notify you of this immediately, if necessary stating a new expected delivery deadline. If the new delivery period is not acceptable to you or if the goods are also not available within the new delivery period or not available at all, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; in this case, we shall immediately refund any consideration already paid. The legal rights of both contracting parties remain unaffected.
5.3 The risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions, i.e., if you are a consumer, in particular upon delivery or default of acceptance to you or a person found there who is authorized to receive consignments under the circumstances and is prepared to acknowledge receipt at the agreed private address. If you are an entrepreneur and the goods are delivered to your company address, then you bear the risk of loss or damage to the goods in transit. We then hand over the goods “ex warehouse” to the shipping service provider.
5.4 We accept no liability for delivery agreements (e.g. for leaving the goods on the property or handing them over to neighbours) or other agreements that you have made with the transport company.
6. Right of withdrawal and exceptions
6.1 When purchasing gift items or accessories, consumers have a statutory right of withdrawal.
Cancellation policy
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, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (TriaPrima GmbH, Zentrale Mannheim, O4 4, 68161 Mannheim, Telefon: +49 (0) 621 40545804, E-Mail: info@rarecoin.store) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.’
You must return or hand over the goods to us to TriaPrima GmbH, O4 4, 68161 Mannheim, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To:
TriaPrima GmbH, Headquarters Mannheim, O4 4, 68161 Mannheim, Telephone: +49 (0) 621 40545804, Email: info@rarecoin.store
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is on paper)
Date
(*) Delete as appropriate.
6.2 When purchasing precious metal products such as rare coins and personalized gift items and accessories, consumers do not have a statutory right of withdrawal. According to the statutory provisions, there is no right of withdrawal, in particular for contracts:
6.2.1 for the supply of goods whose price depends on fluctuations in the financial market over which we have no control and which may occur within the withdrawal period.
6.2.2 for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by you is decisive or which are clearly tailored to your personal needs (personalized gift items, e.g. gifts with name engraving).
7. Liability for defects and damages
7.1 Our liability for defects and damages is determined in accordance with the statutory provisions, unless otherwise stated below.
7.2 The descriptions of the goods in our online shop and, if applicable – in the case of gift items/accessories – also the manufacturer’s details and instructions that are delivered together with the goods are deemed to be agreements on the quality. We accept no liability for quality information provided by third parties.
7.3 In the case of contracts with entrepreneurs, the general limitation period for claims for defects (Section 438 Paragraph 1 No. 3 of the German Civil Code) is one year from delivery, unless we are liable for damages in accordance with the following paragraph (4).
7.4 We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which a customer regularly relies. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The seller shall not be liable for any negligent breach of obligations other than those set out in the preceding sentences.
7.5 The above exclusions of liability do not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
7.6 Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of the online trading system and the online offers.
7.7 The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings before a consumer arbitration board.
8. Final provisions
8.1 Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
8.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence remain unaffected.
8.3 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Mannheim, Germany. Unless otherwise stated in the order confirmation, our registered office in Mannheim is the place of performance.
8.4 Should one or more provisions of this Agreement be or become invalid, ineffective or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement. In place of the void, invalid or unenforceable provision, the valid and enforceable provision shall be deemed to have been agreed which legally and economically comes closest to what the parties intended or would have intended according to the sense and purpose of this contract when concluding it if they had recognized the voidness, invalidity or unenforceability of the provision. The same applies to any loopholes in this contract.
