RARECOIN – Online Coin Shop

General conditions of sale

  1. General

1.1 These General Terms and Conditions of Sale for Rare Coins (GTC Sale) apply to all sales contracts concluded between you as a customer (consumer and entrepreneur) us as the operator of the online coin store (https://www.rarecoin.de) or in any other way by means of distance selling or electronic commerce. In the course of the ordering process, you accept the GTC in the version applicable at the time of placing the order.

1.2 A consumer as defined by law is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. If a company is specified as the customer when the contract is concluded, this company shall become our contractual partner as an entrepreneur.

1.3 is the operator of the online store and your contractual partner:

TriaPrima GmbH, Kaiser-Friedrich-Ring 14, 65185 Wiesbaden, with registered office in Wiesbaden, entered in the Commercial Register of the Wiesbaden Local Court under HRB 30836. Sales tax identification number: DE 310828831.

Please contact us with any questions, requests or concerns:

Postal address: TriaPrima GmbH, Head Office Wiesbaden, Kaiser-Friedrich-Ring 14, 65185 Wiesbaden, Phone: +49 (0) 611-16870157, E-Mail: info@rarecoin.de,Web: www.rarecoin.de

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 relevant 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 GTC 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 applicable, a written power of attorney as an original document or an officially certified photocopy if the net value of the goods exceeds 5,000.00 euros.

1.6 The following delivery restrictions apply:

1.6.1 Our presentation of goods in the online store is aimed exclusively at customers who have their habitual residence (billing address) in the Federal Republic of Germany and can provide a delivery address in the Federal Republic of Germany.

1.6.2 Should the goods (exceptionally) not be available for immediate delivery, we shall state the delivery time in the description of the goods and confirm it with the acceptance of the contract.

  1. Conclusion of contract, order processing, user account

2.1 The descriptions of goods contained in our online store do not constitute a binding offer of sale. The offer to conclude a purchase contract with us comes from you as a customer.

2.2 You can submit the sales offer via the order form integrated in the online store by filling out the form completely and by clicking the button “Order with obligation to pay” which concludes the ordering process, you submit a legally binding contractual 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 remain bound to your order for five days excluding Saturdays, Sundays and public holidays (“banking days”), i.e. the contract is bindingly concluded if we accept your order within this period.

2.3 After sending the order, you will receive within 5 banking days by e-mail a confirmation of receipt by us and acceptance of the order, 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 shall be deemed rejected.

2.4 As soon as the invoice amount of your order is fully and properly paid, we will arrange for the delivery of the goods according to 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 binding.

2.5 You have the possibility to create a user account in the online store by registering as a customer by providing your complete and truthful data and assigning yourself a password. With the help of the user account you can conveniently store your personal data for future transactions (orders.) in our system and, if necessary, use further functionalities as a non-binding service (e.g. wish list, comparison list).

2.6 We shall be entitled to revoke our order confirmation if our internet presentation or/and order confirmation erroneously contains errors or incompletenesses which affect the content of the contract to our disadvantage (e.g. unintentional deviations from the respective 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 to contest the contract on the grounds of error, shall remain unaffected.

2.7 The contract shall be 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.

  1. Prices, shipping and additional costs

3.1 The final prices for precious metal goods (coins) stated in our online store 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 of the shipping costs mentioned below.

3.2 We deliver under the conditions and costs listed in the online store under the heading “Payment and Shipping”. Currently, there is the possibility of delivery by a transport company (shipping service provider or value courier) to a delivery address specified by you (shipping) or free personal pickup at our headquarters (self-collection).

3.3 The costs of shipping in Germany are 7.95 EUR for a net value of goods up to 500 EUR, 14.95 EUR for a net value of goods from 500 EUR up to 10,000.00 EUR, 35.00 EUR for a net value of goods from 10,000.00 EUR up to 15,000.00 EUR and 50.00 EUR for a net value of goods from 15,000.00 EUR. 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. For countries in the European Union the shipping costs are 39 EUR. For other countries worldwide (for delivery exceptions please see the online shop, minimum order for every country outside the European Union is 500 EUR) we charge 79 EUR for shipping. Shipping costs are calculated and due per order.

3.4 If the net value of the goods exceeds 500 EURO, the shipment shall be carried out by a service provider specialized in the shipment of valuables.

  1. 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 specified in the online store under the heading “Payment and Shipping”. Currently, only the advance transfer (prepayment) to the following bank account is available:

Account holder: TriaPrima GmbH

IBAN: DE76 5105 0015 0107 1373 41

BIC: NASSDE55XXX

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 subject payments to closer scrutiny under certain circumstances (e.g. payment by third parties) and to reject them if necessary.

4.3 If payment is not made within the aforementioned due date, we shall be entitled to withdraw from the contract – even without setting a grace period (fixed date transaction) – and shall be entitled to interest on arrears and damages. Our claim for damages shall consist at least of the price change (“price decline”) that may have occurred in the meantime for the goods on the financial market.

4.4 We shall further be entitled to rescind the contract if a payment already made is reversed for reasons for which we are not responsible (charge back) or if there are actual indications of improper payment (e.g. bank transfer fraud). Further claims, in particular for damages, remain reserved.

4.5 We shall retain title to the delivered goods in any case until the invoice amount has been paid in full.

  1. Delivery and transfer of risk

5.1 Provided that the respective goods are marked “in stock” or no deviating delivery period is indicated or agreed, the goods are available immediately. In this case, the delivery time is about 3-4 working days after payment, of which we will inform you by e-mail.

5.2 If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the goods, e.g. due to lack of delivery by our own supplier through no fault of our own or due to force majeure), we shall inform you of this without delay, 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 statutory rights of both contracting parties shall 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 by delivery or default of acceptance to you or to a person met there who is authorized to receive shipments under the circumstances and who 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 shall not be liable for delivery agreements (e.g. for deposit on the property or handover to neighbors) or other arrangements that you yourself have concluded with the transport company.

  1. 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 cancel 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.

In order to exercise your right of withdrawal, you must inform us (TriaPrima GmbH, Head Office Wiesbaden, Kaiser-Friedrich-Ring 14, 65185 Wiesbaden, Phone: +49 (0) 611-16870157, E-mail: info@rarecoin.de) by means of a clear declaration (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 the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation 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 to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.”

You must return or hand over the goods to TriaPrima GmbH, Kaiser-Friedrich-Ring 14, 65185 Wiesbaden, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the direct costs 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 the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To:

TriaPrima GmbH, Head Office Wiesbaden, Kaiser-Friedrich-Ring 14, 65185 Wiesbaden, Phone: +49 (0) 611-16870157, E-Mail: info@rarecoin.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) /provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of notification on paper)

Date

(*) Delete as applicable.

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. No right of revocation exists according to the legal regulation in particular for contracts:

6.2.1 for the delivery 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 the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs (personalized gift items, e.g. gift with name engraving).

  1. Liability for defects and damages

7.1 Our liability for defects and damages shall be determined in accordance with the statutory provisions, unless otherwise provided below.

7.2 The descriptions of the goods in our online store and, if applicable – in the case of gift items/accessories – also more detailed manufacturer’s specifications and instructions that are delivered together with the goods shall be deemed agreements on the quality. We do not assume any 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 (1) No. 3 of the German Civil Code) shall be one year from delivery, unless we are liable for damages in accordance with the following paragraph (4).

7.4 We shall be 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 the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

7.5 The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under product liability law remains unaffected.

7.6 Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are 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 (OS), which can be found at http://ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings before a consumer arbitration board.

  1. Final provisions

8.1 Amendments or supplements 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 shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which a consumer has his habitual residence shall remain unaffected.

8.3 If the customer acts as a merchant, legal entity under public law or 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 shall be our registered office in Wiesbaden, Germany. Unless otherwise stated in the order confirmation, our registered office in Wiesbaden shall be the place of performance.

8.4 Should one or more provisions of this Agreement be or become void, invalid or unenforceable in whole or in part, the validity of the remaining provisions of this Agreement shall not be affected thereby. 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.