General Terms and Conditions
§ 1 ScopeOur below General Terms and Conditions apply to all legal transactions between Fritz Rudolf Künker GmbH & Co. KG and the buyer. We expressly do not recognize any purchasing conditions that deviate from our General Terms and Conditions; this non-recognition also applies to cases where the buyer has stipulated a particular formality for non-recognition. If non-recognition is excluded, legal regulations shall take the place of deviating conditions. Deviating purchasing conditions shall only be recognized if we confirm in writing that they are to be applied.
§ 2 Conclusion of ContractYour order constitutes a legally-binding offer to us to conclude a purchasing contract. A legally-valid purchasing contract only takes effect if we have accepted your offer within 14 days. This shall proceed via a separate written statement of acceptance or if we send the merchandise to you within 14 days. We will immediately send an e-mail to the e-mail address you have specified confirming that we have received your order placed via Internet. This confirmation of receipt still does not constitute a binding acceptance of the order; the notice of order acceptance, however, may indeed be sent along with the confirmation of order receipt. We cannot accept any responsibility for the correctness, completeness, or topicality of written and visual depictions in the Internet and the stock lists or catalogues. Errors and misprints may occur. Any verbal information provided outside a written contract is nonbinding and must be confirmed in writing in order to become effective. By submitting an order, you agree to accept our General Terms and Conditions.
§ 3 Cost of ShippingWe assume a majority of the costs involved in carefully packing and reliably dispatching the merchandise. We charge you for shipping costs according to the following schedule: Shipping within Germany: € 5.90 per parcel, free shipping for order value above €1,000. Shipping within the EU (incl. Switzerland and Norway): € 9.90 per parcel, free shipping for order value above € 2,500. Overseas shipping: € 14.90 per parcel, free shipping for order value above € 5,000.
§ 4 Terms of Delivery and Delivery PeriodUnless otherwise agreed, delivery terms are cash in advance, in particular for first-time buyers. As regards cash in advance, upon acceptance of your offer we will send you an invoice to be paid within 14 days. Upon receipt of payment, we will ship the merchandise to you within 14 days.
Should a particular article not be available, we will send you an article that is equivalent in quality and price (substitute article), to the extent that you have specified this when ordering. Exception: We are entitled to withdraw the order in case our supplier fails to deliver the merchandise ordered despite a contractual obligation. In this case, the buyer shall be informed immediately that the product ordered is not available. Any purchase price already paid shall be reimbursed without delay.
If we are temporarily unable to deliver the purchased item within the agreed delivery period, or within 14 days, or to duly fulfill the contract due to shutdowns, strikes, lockouts, regulatory actions or other cases of force majeure, the delivery period shall be extended by the duration of the hindrance. In this case, we shall immediately inform the customer of the hindrance and its anticipated duration. Should the hindrance persist beyond four weeks, both parties shall thus have the right to rescind the contract.
If the customer is a business entity, the risk of incidental demise as well as incidental deterioration of the merchandise is transferred at the time the merchandise is handed over, in the case of shipped items, when the merchandise is handed over to the shipping agent, carrier or person or institution charged with expediting the shipment.
If the buyer is a consumer, for a mail-order purchase the risk of incidental demise or deterioration of the purchased item is only transferred when the merchandise is handed over to the buyer. The merchandise shall be considered handed over if the consumer is in default of accepting the purchased merchandise.
The transport risk assumed by us is covered by sufficient insurance policies.
§ 5 PaymentAll prices are in Euros, including any value-added tax applicable at the time of the order.
Any other taxes, along with import and export taxes, are to be paid by the customer. Wherever applicable, the customer is to inquire about this beforehand or contact us.
In the case of cash in advance and delivery on open account, payment is to be made to one of our following bank accounts within 14 days after receiving an invoice:
Our banking coordinates
DEUTSCHE BANK OSNABRÜCK
Wittekindstr. 9, 49074 Osnabrück, Germany
(for international payments)
IBAN: DE11 2657 0090 0017 7006 00
(BLZ 265 700 90) Konto-Nummer 0 177 006
Wittekindstr.17, 49076 Osnabrück, Germany
(for international payments)
IBAN: DE50 2655 0105 0000 2473 20
(BLZ 265 501 05) Konto-Nummer 247 320
IBAN: DE27 2658 0070 0780 5202 00
(BLZ 265 800 70) Konto-Nummer 780 520 200
IBAN: DE26 2656 2490 1200 2224 00
(BLZ 265 624 90) Konto-Nummer 1 200 222 400
BANKHAUS LAMPE KG, BIELEFELD
IBAN: DE81 4802 0151 0000 1740 76
(BLZ 480 201 51) Konto-Nummer 174 076
HYPO VEREINSBANK MÜNCHEN
IBAN: DE06 7002 0270 0002 4179 52
(BLZ 700 202 70) Konto-Nummer 24 17 952
OLDENBURGISCHE LANDESBANK AG OLDENBURG
IBAN: DE30 2802 0050 5085 0338 00
(BLZ 280 200 50) Konto-Nummer 508 50338 00
§ 6 Right of WithdrawalRight of Withdrawal Disclosure
Consumers (any natural person who conducts a legal transaction which may not be attributed to any of his or her commercial or independent professional activities) are entitled to a statutory right of withdrawal.
Consumers have the right to withdraw from their contract declaration within 14 days for any reason by giving written notice (e.g. letter, fax, e-mail) within two weeks or – if you have already received the item prior to expiry of this period -- by sending back the item. The withdrawal period shall commence upon receipt of this written notification, however not prior to the buyer's receiving merchandise and not prior to our fulfilling our duty to inform pursuant to §§ 312c Section 2 of the German Civil Code (BGB) in conjunction with § 1 Section 1.2 and 4 German Civil Code Disclosure Requirements (BGB-InfoV), along with our obligations pursuant to § 312e Section 1 Subsection 1 of the German Civil Code (BGB) in conjunction with § 3 of German Civil Code Disclosure Requirements (BGB-InfoV). In order to uphold the withdrawal period, it is sufficient to timely dispatch the withdrawal notice or the merchandise. The withdrawal is to be addressed to:
Fritz Rudolf Künker GmbH & Co. KG
Nobbenburger Straße 4a
Fax: +49 541 96202 22
Effects of WithdrawalIn the event of a valid withdrawal, each party shall return to the other party any benefits received (e.g. interest). In case you are unable to return the goods or services rendered by us in whole or part, or only return them in a deteriorated condition, you must provide compensation for their value. This does not apply to the provision of goods if the deterioration of the goods results exclusively from inspecting them – as would have been possible, for example, in a shop. Otherwise you can avoid the obligation to provide compensation for the value of goods which have deteriorated through their proper use by not taking the goods into use as if they were your property and by refraining from any action that would diminish their value. Goods that are suitable for dispatch by parcel are to be sent back at our risk. You are to bear the cost of return shipping if the goods were delivered as ordered and the price of the goods being returned does not exceed 40 Euros or, in the event of a higher value, if at the time of revocation you have not yet paid in full or contractually arranged to make partial payment. Otherwise return shipping shall be free of charge to you. Any goods that are unsuitable for dispatch will be collected at your address. Obligations to reimburse payments must be fulfilled within 30 days. For you this term begins when you dispatch either your declaration of revocation or the goods; for us it begins upon their receipt.
Financed TransactionsIf you have financed this contract with a loan and you withdraw from the financed contract, you are no longer bound to the loan contract, provided the two contracts form a single economic transaction. This is to be assumed, in particular, in cases where we also act as your lender or where your lender has enlisted us to negotiate the loan contract. If we have already received the loan amount at the time when the withdrawal takes effect or when the goods have been returned, your lender shall succeed to our rights and responsibilities towards you arising from the loan contract with respect to effects of withdrawal. The aforementioned does not apply if the contract in question involves the acquisition of securities, foreign currency, derivatives or precious metals.
If you wish to avoid a contractual obligation to the greatest extent possible, it is best to revoke both contract declarations separately.
Notice:We wish to point out that there is no right of withdrawal for the delivery of goods or the rendering of financial services, the price of which is subject to financial market fluctuations on which the company has no influence and which may occur within the withdrawal period. In particular, this applies to services in connection with stocks, share certificates issued by an investment company or a foreign investment firm and other tradable securities, foreign currencies, derivatives or money market instruments. We further wish to point out that some coins are traded at "spot prices" and therefore losses may occur during the withdrawal period due to market fluctuation.
End of Right of Withdrawal Disclosure
§ 7 Reservation of TitleIn contracts with consumers, we retain the title to goods until full payment of the purchase price has been made. In contracts with companies, we retain the title to goods until all claims from an ongoing business relationship have been satisfied.
As long as the purchase price has not been paid in full, the customer is obliged
a) to handle the merchandise with care, in particular to not clean coins or treat them with chemicals or other objects, and
b) to notify us immediately if a third party has placed a claim, such as a lien, on the goods, or if the goods have suffered damage or demise and/or
c) change of ownership of the goods has occurred, as well as a change in the buyer's own domicile.
An entrepreneur has the right to sell the goods to a third party in the course of normal business. In doing so, he already assigns to us all receivables vis-à-vis third parties that accrue to him by reselling the goods in the amount of the invoiced value. We already accept this assignment. Subsequent to assignment, the company is entitled to collect the receivables. We do, however, reserve the right to collect the receivables ourselves, if the company does not duly fulfill its payment obligations and falls into default.
§ 8 Liability for DefectsShould the articles delivered prove to have obvious defects, whereby this also includes shipping damage, you are obliged to file a claim for such defects without delay. If you are a consumer, the failure to give notice of defect, however, shall not have any consequences on your legal rights.
There may exist multiple copies of individual pieces. Not all pieces can be illustrated or listed in a catalogue or on the website. The delivery of a piece not illustrated in the catalogue does not constitute a defect, unless you have expressly stated in your order that you wish to receive exactly the piece illustrated and described.
The place of rescission is Osnabrück.
The authenticity of all coins and medals offered is guaranteed. The buyer is entitled to all the warranties required by law.
You can reach our Customer Service Department by mail, telephone, and e-mail during normal business hours.
As regards warranty, the consumer has the choice of exercising his right of removal of defects or delivery of merchandise free of defects (supplementary performance). To the extent that the method of supplementary performance is considered to entail disproportionate costs, the entitlement shall be limited to the remaining options for supplementary performance. Additional rights, in particular the rescission of the purchase contract, can only be exercised after an adequate period of time has passed, allowing for supplementary performance or two unsuccessful attempts of supplementary performance or if we have refused supplementary performance.
If the seller is an entrepreneur, we are entitled to choose to either remove defects or deliver merchandise free of defects within one year after date of delivery pursuant to § 439 of the German Civil Code (BGB). After a year has passed after the date of delivery, the warranty claims of a business entity are limited to the removal of defects or the provision of a credit of the current cash value, whichever we deem appropriate.
§ 9 Data ProtectionAll personal data will be kept strictly confidential and will not be made available to third parties.
§ 10 Liability DisclaimerIn all cases where we are obliged on the basis of contractual or legal grounds to pay for damages or reimbursements, we are only liable to the extent that we have been proven to have acted willfully and with gross negligence or to have caused injury to life, limb, or health. This shall not affect liability regardless of negligence or fault according to the Product Liability Act. Nor shall it affect liability for gross breach of contract; to this degree, liability is limited to damages that are foreseeable and typical for this type of contract, except for the cases referred to in the first two sentences. The aforementioned provisions are not coupled with a change in the burden of proof to the disadvantage of the customer.
§ 11 Applicable Law, VenueThe place of fulfillment is Osnabrück. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be the place of business of Fritz Rudolf Künker GmbH & Co. KG, Osnabrück. The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed.
Should any of the provisions of this contract with the customer, including these General Terms and Conditions, be determined unlawful in part or whole, this shall not invalidate the remaining provisions. The provision found to be unlawful in part or whole shall be replaced with a provision that most closely achieves the economic purpose of the unlawful provision.
In case there is an unforeseen eventuality, the parties shall agree upon provisions that, on the basis of the entire body of the contract, shall help execute the contract according to the apparent will of both parties.