GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all contracts concluded with our private customers through our online shop at www.staatlichemuenzenbw.de.
Should you place an order for professional or commercial purposes and conclude a purchase contract with us for the aforementioned purposes, our “General Terms and Conditions for Commercial Customers” shall apply, which we should be delighted to send you by e-mail, post or fax.
General contractual conditions for private customers
- The State Mints of Baden-Wuerttemberg (a state-owned enterprise in accordance with paragraph 26 of the Landeshaushaltsordnung Baden-Wuerttemberg), Reichenhaller Straße 58, 70372 Stuttgart), represented by Mint Director Dr Peter Huber, entered into the Commercial Registry: Stuttgart District Court, register number: HRA 12960, phone: +49 (0) 711/50941-0, fax: +49 (0) 711/ 50941-111, e-mail: email@example.com is your contractual partner.
- Only these General Terms and Conditions shall apply to contracts between The State Mints of Baden-Wuerttemberg and private consumers. The copy of the General Terms and Conditions valid at the conclusion of the contract shall have sole authority. Unless negotiated on an individual basis and confirmed in writing by the State Mints of Baden-Wuerttemberg, we shall not recognise any provisions differing from these terms and conditions.
II. Order process and conclusion of contract
- Information displayed (catalogue information) on the website of the State Mints of Baden-Wuerttemberg does not constitute a legally binding offer on the part of the State Mints of Baden-Wuerttemberg, but acts merely as an invitation for you to make an offer.
- Please be aware that you may order a maximum of 20 items and that, in doing so, you may not make an order above a total value of 2,000.00 euros.
- The order process consists of the following steps: Products can be selected from our range and deposited in a so-called shopping basket together via the “shopping basket” button. When viewing the shopping basket it is possible to modify your order at any time and delete individual items from it via the “remove” button. The “checkout” button brings you to the subsequent step, at which you will be prompted to state your billing address, and, as the case may be, differing delivery address, as well as your desired payment method. At that point, you will see another overview of the items in your shopping basket and the total fee, including shipping costs. By clicking on the “pay for order” button, you enter into a binding offer to purchase the goods contained in the basket. However, the offer can be submitted and communicated only after you have confirmed our General Terms and Conditions by placing a separate tick in the relevant box, whereby you accept these contractual conditions and thus apply them to your offer.
- Upon receipt of your offer, we shall immediately send you an order confirmation e-mail, which will list your order once more and allow you to print it using the “print” button.
- Once the order confirmation has been sent, the parties have entered into a binding contract. By selecting the “advanced payment” option, you enter into the contract through making a binding offer, while we do so by sending the pre-payment request.
- We store the text of the contract. The contract language is German. We provide customers with a copy of the order information upon request.
III. Right to cancel and sample cancellation form
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period of 14 days commences from the day on which you, or a third party appointed by you other than the carrier, have taken possession of the goods. To invoke your right to cancel, you must inform us (The State Mints of Baden-Wuerttemberg, Reichenhaller Straße 58, 70372 Stuttgart, phone: +49 (0) 711/50941-0, fax: +49 (0) 711/ 50941-111, e-mail: firstname.lastname@example.org) of your intention to cancel the contract in a clear statement (e.g. in a letter sent by post, a fax or an e-mail). You may use the sample cancellation form accompanying your order, although that is not mandatory.
The cancellation period shall be considered to have been observed should you send notice of your intention to invoke your right to cancel prior to the expiration of that period.
Consequences of the cancellation
Should you cancel this contract, we are required to refund any payments that we have received from you, including delivery costs (with the exception of additional costs arising from your selection of a form of delivery other than the cheapest available standard delivery), immediately, or at the latest within 14 days of receiving your notice to cancel this contract. We shall use the same means of payment for the refund that you used during the original transaction, unless otherwise expressly agreed upon with you; under no circumstances will you be charged a fee as a result of this refund. We may refuse to refund payment for the goods until they have been returned or until you have provided evidence that they have been consigned to us, depending on which event takes place first.
You must return or send the goods back to us immediately, or at the latest within 14 days of informing us of the cancellation of this contract. They deadline shall be considered to have been observed if you return the goods prior to the expiration of the 14-day period. You shall bear the immediate costs of returning the goods. You shall be liable for potential depreciation of the goods only should such depreciation be attributable to handling on your part of a kind not necessary to determine the type, sort and functionality of the goods.
Please note that only private consumers are entitled to avail themselves of this legal right to cancellation, i.e. natural persons concluding a legal transaction that cannot be predominantly attributed to their commercial activities or self-employment (paragraph 13 BGB – German Civil Code).
IV. Prices and shipping costs
- Our prices are gross prices listed in euro and include statutory VAT insofar as VAT is a legal requirement, plus any shipping costs that may be incurred.
- We calculate set delivery charges as follows:
within Germany: 5.00 euros
V. Payment conditions
- Our payment options include advance payment (transfer) and pre-payment by credit card. For payment via credit card, we accept Visa or MasterCard.
- The purchase price and delivery costs are due in full without any deductions immediately upon conclusion of the contract. In exceptional cases, other payment dates may be agreed upon in writing. We bill exclusively by electronic means.
- Payment processing commences once you have issued your binding offer. Your credit card and account details are transmitted in encrypted form using SSL technology. Your bank account and/or credit card account will be debited no sooner than the period laid down in paragraph 2.
VI. Retention of title
Items remain the property of the State Mints of Baden-Wuerttemberg until payment has been made in full.
VII. Conditions of delivery and passing of risk
- Following receipt of payment, delivery shall be made to the billing address provided by you or – insofar as it differs from the billing address – the delivery address provided.
- The delivery time shall be specified in the product description, during the order process and in the order confirmation.
- The delivery period shall be reasonably extended in cases of force majeure or other events outside our control, such as labour disputes (strike, lock-out), scarcity of energy and resources, operational disturbances and other hindrances of which we are not culpable. You are entitled to withdraw from the contract if the delivery period is delayed by more than four weeks owing to such a disturbance. There shall not be any entitlement to make further claims, e.g. for damages.
- The risk of accidental loss or deterioration of the goods is transferred to you as consumer with the handover of the goods to you or a person nominated by you.
VIII. Liability for defects
The liability for warranty claims for defective goods is regulated by statutory provisions, particularly paragraph 434 et. seq BGB [German Civil Code]. The limitation period for legally based warranty claims for defective goods is two years, commencing once the goods have been delivered.
- We are liable to you in all cases of contractual and non-contractual liability in the event of wilful damage and gross negligence as laid down in statutory provisions on compensation for loss suffered or expenses rendered futile. Liability for guarantees is irrespective of culpability.
- We are liable in other cases – insofar as they do not differ from the conditions laid down in paragraph 3 – only where a contractual obligation has been breached that was a pre-requisite to the execution of the contract in a proper manner and on which the customer can usually depend (a material contractual obligation), and that is limited to compensation for losses typical to this type of contract or foreseeable damages. We are equally liable for damage attributable to vicarious agents and representatives. We shall not be liable in any other cases subject to the provisions laid down in paragraph 3.
- Our liability for damages leading to death, bodily harm or damage to health and in accordance with product liability law, as well as in cases of malicious withholding of information in regard to a defect, shall not affect the aforementioned limitations and exemptions to liability.
X. Data protection
We store customer data to fulfil orders and in doing so pay particular attention to the provisions of the Bundesdatenschutzgesetz [German Federal Data Protection Act] and the Telemediengesetz [German Federal Telemedia Act]. Without your agreement, we shall store, process and use your user and inventory data only insofar as it is required for the execution of the contract and for the provision and billing of teleservices.
- Offsetting claims and right of retention
- You may offset claims only if they are undisputed or have been legally established. You are, however, also entitled to offset claims if you invoke defects or counterclaims stemming from the same contract.
- You shall be entitled to assert a right of retention only if it stems from the same contract as our claim.
XII. Mandatory declarations of the State Mints of Baden-Wuerttemberg
The State Mints of Baden-Wuerttemberg are a state-owned enterprise under the control of the state of Baden-Wuerttemberg (represented by the Ministry of Finance). The State Mints of Baden-Wuerttemberg operate two minting sites (branches), which can be contacted at the following addresses:
State Mints of Baden-Wuerttemberg
Headquarter and minting site Stuttgart
Reichenhaller Straße 58
phone: +49 (0) 711 50941-0
fax: +49 (0) 711 50941-111
State Mints of Baden-Wuerttemberg
Minting site Karlsruhe
Stephanienstraße 28 a
phone: +49 (0) 721 9174-0
fax: +49 (0) 721 9174-234
VAT Number: DE 147794104
Registry Court: Amtsgericht Stuttgart
Register Number: HRA 12960
Responsible Mint Master: Benjamin Hechler
XIII. Applicable law
This contract is governed by the laws of the Federal Republic of Germany, and the UN Convention on the Sale of Goods shall not apply. If you are a customer habitually resident in another country at the time the order is placed, the choice of law shall apply only insofar as the protection conferred has not been withdrawn by restrictive legislation of the country in which you habitually reside.
This translation is a service to our English speaking customers and has no legal bindingness. Only the German version of this text is legally binding.