1. Scope

The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity. A business is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG):

The place of performance for all services arising from an order is the registered office of our company. Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby. If the customer is a merchant or, as a commercial customer, does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with the contract shall be Cologne.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with EMK Münzen + Edelmetalle GmbH.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. By clicking the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order is submitted.

We accept your offer within two days by sending an acceptance declaration in a separate email or, where applicable, by having the payment transaction carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the selected payment method (see “Payment”).

The relevant alternative for you depends on which of the listed events occurs first.

A minimum order value of 50 euros incl. VAT and plus any shipping costs that may apply applies to orders.

3. Contract language, storage of the contract text

The language(s) available for concluding the contract: German, English

We store the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.

4. Subject matter of the contract

4.1 Product description

Please note that the respective product description applies as an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us: Due to individual screen configurations (e.g., resolution and brightness), slight deviations between the displayed and actual product colors are possible.

5. Delivery conditions

Delivery options

We ship the products to the delivery address specified in the ordering process.

We deliver by shipping only. Unfortunately, self-collection of the goods is not possible.

For all deliveries within Germany up to an order value of 100 euros, we charge a shipping cost share of 5.95 euros per delivery. For an order value up to 500 euros, we charge a shipping cost share of 4.95 euros per delivery. For an order value between 500 euros and 2,500 euros, we charge a shipping cost share of 3.95 euros per delivery. For an order value of 2,500 euros or more, we deliver within Germany free of shipping costs. For deliveries abroad, the shipping cost share depends on the value of the shipment and the shipping method.

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the buyer. These include, for example, costs for money transfers by payment service providers (transfer fees, exchange rate fees) or import charges (taxes, customs duties, etc.).

If delivery becomes temporarily impossible or unreasonably difficult for us due to unforeseeable obstacles for which we are not responsible, in particular force majeure and industrial action, we shall be released from the obligation to perform for the duration of the obstacle and for a reasonable start-up period thereafter. Force majeure also includes the non-culpable failure of our technical systems (or those of its vicarious agents) due to computer viruses or hacker attacks. We will inform you immediately about the occurrence and the expected duration of the impediment to performance. If delivery is not possible within a reasonable period, the customer has the right to withdraw from the contract.

Furthermore, we reserve the right not to make partial deliveries for orders containing pre-sale items. Items are shipped only once all items in an order are in stock.

5.1 Legal consequences of acceptance default pursuant to §§ 300 et seq. BGB

Pursuant to § 433(2) BGB, the buyer is obliged to accept delivery. Default of acceptance occurs if the buyer refuses acceptance, either by direct personal refusal upon delivery by the parcel carrier and/or by failing to collect the delivery from a post office branch or parcel locker and/or by non-deliverability due to personal absence. Pursuant to § 304 BGB, the buyer is obliged to reimburse all additional expenses incurred by us for the unsuccessful tender, storage, and preservation of the ordered goods. Upon default of acceptance, the risk of performance passes to the buyer.

6. Payment

6.1 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date results from the following payment terms.

For all prices listed in our sales lists, the price list valid at the time of the order is decisive. For gold and silver bullion coins, we update prices every 5 minutes.

Payments to us must be made stating the customer and invoice number.

Shipping to customers unknown to us or new customers takes place only against advance invoice, via PayPal, or upon providing a valid credit card. If advance payment has been agreed, payment is due immediately after conclusion of the contract.

We deliver to customers known to us on invoice. The invoice amount is payable immediately upon receipt of the goods, net without deduction, to one of our accounts stated on the invoice.

In the event of default of payment, the costs from the second reminder as well as the necessary collection costs must be reimbursed. From the occurrence of default, we charge default interest at the statutory rate. In the event of default of payment, we are entitled to suspend further services until payment of the outstanding amount. Furthermore, if the customer is in default of payment, we are entitled to withdraw from the contract after an unsuccessful grace period of 14 days. The right to claim default interest and damages remains unaffected.

Set-off is only permissible with undisputed or legally established claims.

The following payment methods are generally available in our shop:

6.2 Payment methods

The following payment methods are generally available in our shop.

Advance payment

If you select advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Credit card

During the ordering process, you enter your credit card details. Your card will be charged immediately after the order is placed.

Apple Pay

To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated Apple Pay, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information will be provided during the ordering process.

Google Pay

To pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated Google Pay, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information will be provided during the ordering process.

PayPal

To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction.

The payment transaction is carried out by PayPal immediately after the order is placed. Further information will be provided during the ordering process.

PayPal may offer additional payment options in the customer account to registered PayPal customers selected according to PayPal’s own criteria. However, we have no influence on the offering of these options; further individually offered payment options concern your legal relationship with PayPal. Further information can be found in your PayPal account.

7. Right of withdrawal

See the cancellation policy.

8. Retention of title

The product remains our property until it has been paid for in full.

9. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report or contact us has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

10. Warranty and guarantees

10.1 Statutory liability for defects

The statutory liability for defects applies.

10.2 Guarantees and customer service

Information on any applicable additional guarantees and their exact terms can be found with the product and on special information pages in the online shop.

Customer service: You can reach us by phone at: ☎ 49 (0) 2235 - 927 37 - 70 Monday - Friday | 08.00 - 17.00.

11. Liability

We shall be liable without limitation for claims based on damages caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of a guarantee promise, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is necessary for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), through slight negligence by us, our legal representatives, or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

12. Code of conduct

We have submitted to the following codes of conduct:

• Trusted Shops ( https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf )

13. Dispute resolution

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.