GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF
www.money-art-berlin.com
Welcome to Money Art Berlin!
§ 1
Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Money Art Berlin (hereinafter referred to as "provider") to you in the version valid at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
(3) Please read these conditions carefully before placing an order with Money Art Berlin. By placing an order with Money Art Berlin, you agree to the application of these terms and conditions of sale to your order.
(4) On Money Art Berlin we offer you the sale of the following products:
Money Art Berlin, represented by Martin Fiedler, sells high quality handmade jewellery made of silver and gold coins.
§ 2
Conclusion of the contract
(1) Contracts on this portal can only be concluded in German language.
(2) The offers are directed exclusively to end customers with a billing and delivery address in worldwide.
In the case of individual bulky goods, the possible delivery addresses as well as the place of delivery may be limited; the limitation is shown in the respective list price.
(3) The purchaser must be at least 18 years of age.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
(5) Your order represents an offer to Money Art Berlin to conclude a sales contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the button "Confirm order" in the last step of the order.
(6) The purchase contract between the provider and the customer is only concluded by a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending of the goods or sending of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not represent a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This refers both to the number of ordered products within the scope of an order and to the placing of several orders of the same product, where the individual orders cover a quantity customary in households.
(8) Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you in the dispatch confirmation for each delivery whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§ 3
Prices and Shipping Costs
(1) Our prices include the applicable statutory value-added tax and are understood to include a flat-rate shipping charge and shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of the products in our catalogue may be marked with the wrong price. We check the prices when we process your order and before we charge the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you whether you wish to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have indicated, we will charge the lower amount and ship the product to you.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4
Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Money Art Berlin (e.g. on the respective product detail page). We would like to point out that all information regarding availability, shipping or delivery of a product are only approximate indications and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is explicitly stated as a binding date in the shipping options of the respective product.
(2) If Money Art Berlin discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The statutory claims of the customer shall remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address given by him or her, although the delivery date was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) The delivery is made according to the customer's method of payment. In the case of advance payment, delivery shall take place after the payment order has been issued to the remitting bank. In the case of payment by Paypal, credit card, gift card, direct debit, immediate transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Contracting party is Money Art Berlin. Irrespective of your right of revocation, you may cancel your order for a product at any time free of charge before the corresponding shipping confirmation has been sent.
(6) This right of cancellation does not apply to certain product groups and services, including digital contents or software which are not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is earlier) has begun.
§ 5
Customs
(1) If you order products from Money Art Berlin for delivery outside the European Union, you may be subject to import duties and taxes, which are levied as soon as the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no influence on these fees. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Furthermore, please note that when ordering from Money Art Berlin you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.
§ 6
Payment
(1) The customer can pay for the goods by the following methods of payment:
Paypal credit
card
On account
Payment on account is only possible for consumers over 18 years of age. The delivery address, the home address and the billing address must be identical and must be in the following countries:
Germany
Payment on account is not possible for services that are transmitted online (e.g. software for download) and for the purchase of gift cards. The invoice amount is due upon receipt of the invoice. Money Art Berlin reserves the right not to offer certain payment methods in individual cases.
In the case of payment on account, a one-time fee of 10 € (ten euros) including the applicable value-added tax will be charged per delivery in addition to any shipping costs for the complete delivery. The customer will always be informed separately before conclusion of the contract whether this fee is due.
If the invoice amount is not paid on the due date for reasons for which the customer is responsible, Money Art Berlin will charge a flat-rate compensation fee of 35 € (thirty-five euros). The customer can prove that no damage at all has been incurred or that the damage is considerably lower than the flat rate.
In case of payment on account as well as in other cases of justified cause, Money Art Berlin will check and evaluate the data provided by the customer.
Prepayment
(2) Certain methods of payment can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or cheques.
(4) Should the customer choose an online payment method, the customer authorises the supplier to collect the amounts due at the time of the order.
(5) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(6) Should the Supplier offer payment by credit card and the Customer choose this method of payment, the Customer expressly authorises the Supplier to collect the amounts due after dispatch of the partial deliveries or delivery of goods.
(7) If the Supplier offers payment by direct debit and the Customer chooses this method of payment, the Customer shall issue the Supplier with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account details, the Customer shall bear the costs for this.
(8) If the provider offers payment in advance and the customer chooses this method of payment, the customer is obliged to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
(9) Should the customer be in arrears with payment, the supplier reserves the right to claim damages for delay.
§ 7
Set-off and Right of Retention
(1) The Customer shall only have the right to set-off if the Customer's counterclaim has been legally established or is not disputed by the Provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 8
Retention of title
Money Art Berlin reserves the right of ownership of the goods until full payment has been made.
§ 9
Damage
in transit (1) If the customer receives the goods with obvious damage in transit, the supplier will ask him to make a complaint as soon as possible.
(2) Should the customer fail to make the complaint, this has no consequences for the legal warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 10
Right of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: According to these, buyers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of products purchased on Money Art Berlin if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable period of time or not without difficulty, you can demand a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the purchaser is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the purchaser is not a consumer, the period of limitation is one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which are based on compensation for damage to body and health or on intent or gross negligence.
§ 11
Limitation of Liability (Products)
(1) The provider is liable for claims for damages of the customer from the injury of life, body, health or from the violation of essential contractual obligations, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or agents of the provider.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the goal of the contract.
(3) The provider is liable for violations of essential contractual obligations, which are based on contract-typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages of the customer, which are based on an injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) As far as the liability of Money Art Berlin is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12
Right of revocation
(1) If the customer is a consumer, he has a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital contents not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke the contract without stating reasons.
In order to exercise your right of revocation, you must give us:
Money Art Berlin, Martin J. Fiedler , Bevernstraße 6 , 10997 Berlin , Germany
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods via our online return centre within the period defined below.
For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.
(3) Consequences of Revocation
If you revoke this Agreement, we shall reimburse you for 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 different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days of the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to make any refund 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
Money Art Berlin
Martin J. Fiedler
Bevernstraße 6
10997 B
erlin
Deutschland without delay and in any case within 14 days at the latest from the day you inform us of the cancellation of this contract. The deadline shall be deemed to have been met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods. Goods that cannot be sent by parcel post will be collected from you.
(4) Exceptions to the right of revocation
You only have to pay for a possible loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of revocation does not exist or expires with the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery;
for the delivery of goods which are manufactured according to customer specifications or clearly tailored to personal needs for
the delivery of goods which can spoil quickly or whose expiration date would be exceeded quickly;
in the case of services, if Money Art Berlin has provided these in full and you have noted and expressly agreed before the order that we can begin providing the service and you lose your right of revocation in the event of complete fulfilment of the contract;
for the delivery of newspapers, journals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed when the contract of sale was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13
Exclusion of the Right of Revocation
(1) The right of revocation does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal shall expire prematurely in the case of contracts
for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
for the supply of goods if, by reason of their nature, they have been inseparably mixed with other goods after delivery;
for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14
Data Protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
(4) You have the right at any time to receive complete information free of charge from Money Art Berlin about the data stock concerning you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
§ 15
Cookies
(1) For the display of the product offer it can happen that we use cookies. Cookies are small text files that are stored locally in the cache of the visitor's Internet browser.
(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to you which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard disk or cookies already stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ Section 16 Place of
Jurisdiction and Applicable Law
(1) Any disputes and disagreements arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ Section 17 Final
Provisions
(1) The language of the contract shall be German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Money Art Berlin with the involvement of a parent or guardian.
(3) If you violate these terms and conditions and we do not take any action against this, we are still entitled to exercise our rights on any other occasion in which you violate these terms and conditions of sale.
(4) We reserve the right to make changes to our website, rules, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.