General Terms and conditions
§ 1 Introduction
1. By using the Münzenonline-Auktion website (hereinafter called ‘Münzenonline-Auktion’) the user accepts the following General Terms and Conditions (GTC).
2. Münzenonline-Auktion reserves the right to amend the GTC at any time without giving a reason. The revised GTC will be published on the website and come into effect upon publication.
§ 2 Use of the website
1. Any action or manipulation that affects the website is prohibited. This includes in particular:
a. The use of appliances, mechanisms or software that could affect the proper functioning of the website.
b. Any actions that could cause unacceptable or excessive strain on the Münzenonline-Auktion infrastructure.
c. Blocking, deleting, overwriting or modifying any content generated by the Münzenonline-Auktion website or disturbing its proper functioning in any way.
2. The contents of the Münzenonline-Auktion website may not be copied, distributed, used or duplicated in any way without prior permission from Münzenonline-Auktion.
3. Münzenonline-Auktion reserves the right to restrict or cancel the use of the website without giving reasons.
4. Each user is personally responsible for keeping his/her password and other account information confidential. Münzenonline-Auktion accepts no liability for consequences caused by the misuse of an access account.
§ 3 Terms of auction
1. Auction bidding is in Swiss francs (CHF). For information purpose, prices are shown in some places on the website in foreign currencies (e.g. USD, EUR and GBP), too. They are approximate values and we cannot guarantee their correctness.
2. The lot is sold to the highest bidder when the closing date and time has been reached and the bidder is obliged to accept it. The electronic clock on the website shows the official closing date and time for each lot.
3. Bidders who want to participate in the auction have to register at www.muenzenonline-auktion.ch before the auction. One can see the auction without registering but one cannot place any bids.
4. Münzenonline-Auktion reserves the right to reject any bid without giving a reason, to determine the opening price, to set bidding increments, to vary the order of the auction, to reopen bidding for lots in the case of ambiguities, to withdraw any lot, to bid on behalf of Münzenonline-Auktion or on behalf of the consignor, and to permit the consignor to bid for his/her own lots. The minimum bid increments are:
1-99 CHF ⇒ 5 CHF
100-249 CHF ⇒ 10 CHF
250-499 CHF ⇒ 20 CHF
500-999 CHF ⇒ 50 CHF
1,000-2,499 CHF ⇒ 100 CHF
2,500-4,999 CHF ⇒ 200 CHF
5,000-9,999 CHF ⇒ 500 CHF
10,000-19,999 CHF ⇒ 1,000 CHF
20,000-49,999 CHF ⇒ 2,000 CHF
50,000-99,999 CHF ⇒ 5,000 CHF
100,000-199,999 CHF ⇒ 10,000 CHF
200,000-499,999 CHF ⇒ 20,000 CHF
500,000-999,999 CHF ⇒ 50,000 CHF
1,000,000-4,999,999 CHF ⇒ 100,000 CHF
5,000,000-9,999,999 CHF ⇒ 250,000 CHF
From 10,000,000 CHF ⇒ 500,000 CHF
5. Every bidder commits himself/herself personally for the purchases he/she has made. He/she cannot claim to have acted on behalf of a third party.
6. A commission of 15% will be levied on the hammer price. The Swiss value added tax (VAT) of 8.% (at the moment) is payable on the final price (hammer price plus surcharge and any other amounts chargeable by Münzenonline-Auktion to the buyer). Gold coins and coins that will be exported are exempt from VAT.
7. Payment is to be made in total in Swiss francs (CHF) and is due within ten days after the auction. Payments have to be in cash, by bank transfer or Paypal. Bank transfers from foreign countries are subject to a fee of CHF 10 (Europe) and CHF 20 (other countries) and for Paypal the fee is 4%. Late payments will incur a monthly default interest of 1%. Shipping and insurance costs are calculated as follows (based on the hammer price, surcharge and possible VAT):
Shipping costs: Switzerland = CHF 8
Foreign country = CHF 12
8. In the event full payment is not made within 30 days of the auction date, Münzenonline-Auktion reserves the right to rescind the purchase agreement and to resell the item. The original purchaser must pay for the cost of such an auction and also pay any difference between the resale price and the previously successful bid. He is not entitled to any higher proceeds.
9. Shipping and insurance are at the buyer’s cost and risk. Any fees and charges payable abroad are borne by the buyer (successful bidder) who is responsible for acquiring the necessary information about any applicable customs and foreign exchange regulations. Münzenonline-Auktion accepts no liability for any contraventions of such regulations. Buyers are bound to keep their address data up-to-date on the website. Münzenonline-Auktion accepts no liability for undeliverable shipments due to incorrect or incomplete address data.
10. There is a guarantee for the authenticity of the coins. All identifications and descriptions of the items in the catalogue are put together in all conscience. Justified complaints have to be sent in within eight days after receipt of the coin(s). Coins that have been encapsulated (‘slabbed’) by a grading company may not be returned for any reason, if they have been removed from the encapsulation (‘slab’). Multiple lots are sold as is without any return possibility.
11. The objects which come under the hammer are auctioned on behalf of a third party or are the property of Münzenonline-Auktion. The buyer (successful bidder) has no entitlement to know the identity of the consignor and agrees that Münzenonline-Auktion may also receive a commission from the consignor.
§ 4 Data protection
1. All personal data are treated by Münzenonline-Auktion as being highly confidential. In particular, no data will be handed over to third parties.
2. In case of legal provisions, an official regulation or investigation proceeding, however, Münzenonline-Auktion is empowered to provide the relevant data to the relevant authorities.
3. Every user of the Münzenonline-Auktion website agrees that Münzenonline-Auktion user data, in connection with the use of the Münzenonline-Auktion website with the help of electronic aids, is collected, processed and used in particular in order to organise the website and its presentation in view of the assumed needs of the users, and to ensure the security of the website. This concerns, in particular, the user’s browser type, operating system and screen resolution etc.
§ 5 Exclusion of liability
1. Münzenonline-Auktion seeks to provide perfect quality services and to maintain a functioning website within the scope of personal and financial possibilities.
2. Münzenonline-Auktion is only liable for direct damage caused by an intentional or grossly negligent act. Münzenonline-Auktion is not liable for direct damage caused by minor culpability for any legal reason, under reserve of obligatory mandatory provisions. Any liability for indirect or consequential damage – no matter for what legal reason – is totally and explicitly excluded.
3. Münzenonline-Auktion is not liable for any temporary non-availability of the website, the malfunction of single or all of the website functions. In particular, no liability is accepted for technical problems whereby bids are not accepted or are delayed or are processed in a faulty manner.
4. The Münzenonline-Auktion website may be temporarily out of order or only partially usable due to maintenance work or other reasons without leading to any additional liability towards users or consignors.
5. The liability for financial losses and consequential damages is excluded, as far as legally permissible.
6. In particular, Münzenonline-Auktion will not be liable for damage caused to users, consignors or third parties by other users, consignors or third parties by misuse of the Münzenonline-Auktion website.
7. Münzenonline-Auktion does not guarantee the actuality, correctness, legality, completeness or quality of the contents of websites linked to the Münzenonline-Auktion website and excludes any liability in this connection.
§ 6 Applicable law and place of jurisdiction
The contractual relationship between the parties is subject in all facets to Swiss law. The place of fulfilment is the office of Münzenonline-Auktion in Bern, and the exclusive place of jurisdiction is Bern, Switzerland.
§ 1 Cancellation policy
You can cancel your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or – if the goods are at your disposal before the period ends – by returning the goods. The period begins after receipt of this instruction in writing, but not before receipt of the goods by the recipient (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 para. 1, 2 EGBGB as well as our obligations according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the goods is sufficient. The revocation must be sent to:
Münzen & Raritätenshop GmbH