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1. General
Contracts for coins and goods concluded between MÜNZE ÖSTERREICH AG and the customer are subject exclusively to these payment and purchase terms and conditions of MÜNZE ÖSTERREICH AG.
MÜNZE ÖSTERREICH AG is not acting as a coin dealer or a numismatic expert.
Any data disclosed for transactional purposes are kept confidential by MÜNZE ÖSTERREICH AG and are stored in an EDP system (DVR 0558826). They are dissemi-nated to third parties for order processing purposes only (e.g. shipping). The customer agrees that his or her data can be stored and disseminated for order processing purposes.
2. Payment Terms
Orders from MÜNZE ÖSTERREICH AG are shipped in exchange for prepayment by the customer. All payments to Münze Österreich AG must be in Euros. Any contrary agree-ments must be in writing.
Domestic payments are submitted to the account of Münze Österreich AG at the Österreichische Postsparkasse, account number 7009.011 (ABA 60000), IBAN: AT206000000007009011, BIC: OPSKATWW
Foreign payments are submitted to the account of Münze Österreich AG at the Oesterreichische Nationalbank, account number 1-7070-4 (ABA 00100), SWIFT Code NABA AT WW, IBAN: AT450010000000170704, BIC: NABAATWW
Payments from customers in the Federal Republic of Germany can also be made to the account of Münze Österreich AG, account number 235 81 66 (ABA 7007 00 10) at the Deutsche Bank in Munich.
Payments by credit card (VISA, MasterCard, or Diners Club) may be made (also exclu-sively in Euros) by specifying the exact credit card number (16 digits or 14 digits) and the expiry date (month / year), and providing a signature. Credit cards are not accepted for gold investments (Vienna Philharmonic, gold trading coins, and gold bars). For legal reasons, MÜNZE ÖSTERREICH AG cannot accept payments by Visa Electron cards. Furthermore, MÜNZE ÖSTERREICH AG reserves the right to refuse credit card payments in general for orders of € 150.- and up.
The invoice amount must be submitted to MÜNZE ÖSTERREICH AG in full with no deductions. All goods remain the property of MÜNZE ÖSTERREICH AG until they are paid in full. As long as retention of title remains in effect, the goods may not be sold, processed, assigned, pledged as security, or otherwise disposed of to third parties. In case the goods are nevertheless sold without maintaining the right to retention of title by Münze Österreich AG, the customer assigns the rights to the purchase price receivable to Münze Österreich AG at the time of sale in case of a credit sale, or transfers title to cash proceeds from the sale to Münze Österreich AG at the time of sale (extended retention of title). The buyer is obligated to keep such proceeds separate and submit them to Münze Österreich AG immediately.
Partial payments are considered instalments and are applied to the oldest amounts receivable from the customer regardless of any instructions to the contrary. In this case, all goods also remain the property of MÜNZE ÖSTERREICH AG until they are paid in full. In case of late payment by the customer, late payment charges in the amount of 9 % p.a. plus commensurate collection fees will be charged. In case of late payment, Münze Österreich AG also has the right to withdraw from or unwind the contract without establishing a grace period.
3. Delivery and Ordering Terms and Conditions
A customer order is considered a binding offer. The contract is concluded with the con-firmation of the order by MÜNZE ÖSTERREICH AG or, without confirmation of the order, by shipment of the goods from MÜNZE ÖSTERREICH AG to the customer.
All deliveries are ‘ex works’, that is, all shipping and handling costs are borne by the customer in full. Shipping and handling costs include postage and insurance costs as well as related VAT and are calculated based on the destination country, value of goods, and weight. The postage rates of the Österreichische Post apply. Shipments are sent to the customer within 3 weeks of the respective initial date of issue or 3 weeks from the date the order is received.
MÜNZE ÖSTERREICH AG is responsible for proper packaging and for the selection of the shipping method (registered mail, parcel, insured letter, insured parcel) to the shipping address specified by the customer. If the customer requests an alternate shipping method (air mail, courier, or comparable shipping methods), the customer bears the resulting additional costs.
MÜNZE ÖSTERREICH AG limits the acceptance of all orders to the available quantities (limited editions). MÜNZE ÖSTERREICH AG reserves the right to refuse orders without providing reasons. MÜNZE ÖSTERREICH AG reserves the right to refuse orders or to accept orders for less than the specified quantity without providing reasons; should this occur, the customer will be notified immediately. Due to limited editions,MÜNZE ÖSTERREICH AG also reserves the right to reduce delivery quantities or cancel deliveries due to a lack of availability,
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both for individual orders and for subscriptions. This does not entitle the customer to any claim for compensation. Notification by MÜNZE ÖSTERREICH AG to the customer regarding the partial or complete lack of availability of the coins that were ordered is simultaneously considered a partial or complete withdrawal from the contract. In such cases, payments already made by the customer to MÜNZE ÖSTERREICH AG are refunded to the extent that the delivery is not completed.
Maximum order quantities established by MÜNZE ÖSTERREICH AG apply per household. A subscription is a standing order for specific or all editions of collector’s coins issued by MÜNZE ÖSTERREICH AG in the quantity specified by the customer.
Any liability of Münze Österreich AG to the customer for damages, including consequential damages suffered by the customer due to non-performance, faulty performance, or default, presupposes gross negligence on the part of Münze Österreich AG and is limited to the purchase price of the related order in all cases.
If they are interested in individual products of MÜNZE ÖSTERREICH AG, customers can also be added to the address list of MÜNZE ÖSTERREICH AG and / or submit individual orders. For individual orders, delivery is only possible “while supplies last”.
Coins ordered individually or per subscription are reserved for the customer for a maximum of one month from the respective date of issue. This date is also specified on the respective order confirmation. If coins are not claimed and paid for by the customer by this date, MÜNZE ÖSTERREICH AG is free to withdraw from the contract or to unwind it in regards to the related coins.
If the customer refuses delivery of a paid shipment or the shipment is returned to MÜNZE ÖSTERREICH AG as ‘undeliverable’, the customer will be notified in writing. Costs incurred due to the refusal of an order or an incorrect shipping address are borne by the customer. MÜNZE ÖSTERREICH AG has the right to retain such costs or to deduct them from the amount to be refunded.
If a shipment is not received, the customer is obligated to contact MÜNZE ÖSTERREICH AG in a timely manner in order to provide information for insurance purposes.
Requests for amendments, changes, or cancellations of an existing subscription or deletion from the address list must be submitted in writing and come into force within 2 months from the date they are received.
4. Withdrawal According to the Distance Selling Act
For contracts subject to the Distance Selling Act (BGBl 185/1999), the customer can withdraw from the contract in writing within seven working days (Saturday is not considered a working day) without specifying reasons. The term begins when the customer receives the goods. However, if the customer has not received all of the information according to § 5d paragraph 1 and 2 KSchG (Käuferschutzgesetz, buyer protection act), the withdrawal term is three months from the date the goods are received; if the information is subse-quently received within this three-month term, then the term is limited to seven days from the date the information is received. In general, the right of withdrawal does not apply to products made according to customer specifications (e.g. engraved medals). Timely dispatch of the declaration of withdrawal is sufficient to comply with the withdrawal term. The declaration of withdrawal must be addressed to:
MÜNZE ÖSTERREICH AG
Sales Department
Am Heumarkt 1
A 1030 Vienna Fax: +43/1/715 86 10.
The goods must be returned to Münze Österreich AG along with the declaration of with-drawal; goods are returned at the sole expense and risk of the customer. Reimbursement of payments already made to Münze Österreich AG for returned goods is issued after the goods are returned.
If the customer cannot return all or part of the goods to MÜNZE ÖSTERREICH AG or if they are returned in an impaired condition, the customer is obligated to provide compen-sation. In this case, Münze Österreich AG has the right to deduct the amount of com-pensation from the amount being reimbursed to the customer.
5. Jurisdiction and Location
The exclusive jurisdiction for all disputes arising from contracts subject to these terms and conditions is the authorised court for Vienna I, unless the KSchG (Konsumenten-SchutzGesetz, buyer protection act) imposes a different court of jurisdiction. Austrian substantive law applies exclusively; the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
Agreements that deviate from these payment and purchase terms and conditions must be in written form and are only valid if they are duly signed by MÜNZE ÖSTERREICH AG.
Vienna, July 2007
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