For all deliveries and services of Savoca Numismatik GmbH & Co. KG the following general terms are exclusively applicable. They distinguish between rights of the consumer according to § 13 BGB and rights of the business according to § 14 BGB. The following conditions shall apply to future contracts between the Parties even without written agreement in the case there has not been a different written agreement between the Parties. Differing general terms of the Purchaser are hereby objected to. This objection is also valid if the Purchaser requires a special form for the objection.
2. Catalogues/Internet offer on biddr.ch
The coins in our auctions are portrayed and described in an auction catalogue or the internet. All the content in our catalogues represents subjective estimates und do not represent any sort of guarantee according to §443 BGB about the condition/quality of the coin. We reserve the right to make changes to or augment our catalogues until the actual auction.
All the coins of our 'premium auctions' and our eAuctions can be examined und inspected prior to the auction if the bid price is 500€ or higher. All coins are used and are auctioned off in the condition they are in at the time of the auction.
In case of doubts or a value of over 2500€ the vendor has to prove upon delivery to Savoca that the coin stems from a legal source, hence, was not im- or exported illegally. Savoca is hereby implementing the provisions of the `Kulturschutzgesetz` as far as reasonably possible. A detailed check of the provenance of a coin therefore only takes place at a value of more than € 2500.
The purchasing process through the auction platform biddr.ch involves three to four steps in total. Every new customer has to register in order to purchase coins on biddr.ch. In order to register one needs to make his or her customer data known, including billing address, and in case it differs from the billing address, also the shipping address. Furthermore, you will select a password which in addition to your email you will use to login on the portal. In the next step you login to the portal by typing in your email as well as the corresponding password. In the third step, you bid on your wanted item. In case you are highest bidder at the end of the auction and get the acceptance of the bid relating thereto, you are issuing a binding offer to conclude the contract. In the fourth step you choose the method of payment. In the last step, you have the chance to check your details again (e.g. Name, address, method of payment, items ordered, etc.) and correct them in the case something is wrong, before your order is sent to us
4. Conclusion of Contract
The presentation of coins on biddr.ch does not constitute an offer by Savoca. An offer for conclusion of a contract is made through the receipt of the order of the customer by Savoca Numismatik GmbH & Co. KG. The contract is concluded with the acceptance of the offer or order. This can happen through written acceptance or by sending the ordered product to the customer. The receipt of an online order is immediately confirmed to the e-mail address provided by the customer, but the confirmation of receipt does not represent an acceptance of the offer yet. However, the acceptance of the offer can be combined with the confirmation of receipt. No guarantee is given that the texts and pictures portrayed on the internet are correct, complete and up-to date. Printing errors and mistakes can occur and we reserve the right to correct them.
5. Pricing, Shipping Costs
All mentioned prices are denominated in Euro and include the value added tax. Additionally, every buyer/customer is obliged to pay a premium of 18% of the final auction bid to the auctioneer. This premium is not included in the final auction bid. The German-wide delivery of the product will be carried out by DHL if the product value is not above € 5000,00. The fee is € 7. International delivery in the European Union is carried out by Federal Express and costs € 10. Outside of the European Union deliveries are also carried out by Federal Express and the delivery fees are € 20 if the product value is € 1000,00 or less and € 50 if the product value is above € 1000. The recipient covers the customs duties.
However, there is the possibility to choose a different form of delivery if the customer so wishes. The customer has to contact us in order to do so.
The consignment is insured against loss and damage during transport.
The invoice amount is due within 10 days. The delivery includes an invoice. Additionally, an invoice will be sent to you via email upon conclusion of the purchase agreement. It is possible to pay via credit card, PayPal or via bank transfer. The delivery is carried out as soon as the amount to be paid is finally credited to the account of Savoca Numismatik GmbH & Co. KG.
6. Retention of title
The product stays our property until final payment.
7. Revocation policy for consumers
Right of revocation
In the case of an effective revocation, the services received at both ends shall be returned and, if applicable, drawn-out use (eg interest) shall be issued. If you are unable to return or return the received performance as well as usages (for example, advantages of use), or only in a deteriorated condition, you must reimburse us. For the deterioration of the goods and for related uses, you have to reimburse us only as far as the deterioration is due to a handling of the product, which goes beyond testing the properties and the functionality. "Testing the properties and the functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Parcel-deliverable goods are only to be returned to us insured at our risk and only after consultation with us. You have to bear the regular costs of the return if the delivered goods correspond to the ordered goods and the price of the returned items does not exceed an amount of € 40,00 or in case of a higher price of the product if you have not yet received the consideration at the time of the revocation or if you made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be delivered by parcel will be collected from you. Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation or the product, for us upon receiving either.
End of revocation instruction
8. Warranty, damages, statue of limitations
The condition of our coins is based on the facts and pictures that are made public until the auction as well as generally accessible knowledge. Additional specifications of the condition are not agreed upon. This is specifically the case for written or oral disclosures. The condition of the coin is not guaranteed in any way.
In case of defects of title according to § 435 BGB the buyer is able to withdraw from the contract within a time frame of two years due to the respective defect of title or demand a reduction of the sale price. Additional rights of the buyer according to Para 7 or BGB, especially the right to supplementary performance, damages or reimbursement for frustrated expenses are excluded, except when the defect of title was concealed maliciously.
In case of a material defects according to § 434 BGBthe buyer is allowed to withdraw from the contract after showing prove of the material defect, if Savoca infringed her due care of cataloging the coin keeping in mind the rarity and value of the coin. Insignificant defects of coins of the value of € 1000,00 or below do not constitute a right to withdraw from the contract. In case of a justified withdrawal the buyer receives back the purchase price step by step for the return of the coin in unchanged condition at the registered office of Savoca. All further claims of reduction of purchase price, damages or reimbursement of frustrated expenditure are excluded, except if Savoca concealed the defect maliciously.
Otherwise all other warranty rights of the buyer are excluded.
An enterprise or tradesman is not entitled to withdrawal, if he has not complied with his or her legal obligation of inspection, notification and rejection.
Savoca can transfer her claims against the vendor in case of justified defects of title or material to the buyer.
Claims of the buyer because of material defects become time-barred after one year after handover/delivery of the purchased item to the customer. Excluded from this are claims for defects of consumers as well as claims for damages due to injury of body, life or health as well as claims for damages due to grossly negligiently or deliberately caused damage by Savoca. Insofar the statutory statues of limitations are applicable.
9. Data protection clauses / Data protection and security
We collect, store and process data within the scope of the statutory provisions for the initiation, conclusion, processing and repackaging of a sales contract. When visiting our website, the IP address, date and time, the type of browser and the operating system of your PC, as well as the pages you are looking at, are logged. Conclusion on personal data is not possible and not intended. The personal data you provide to us e.g. via order or email (for example your name and contact details) will only be processed for correspondence with you and only for the purpose for which you provided us with the data. We only pass on your data to the shipping company commissioned with the delivery as far as this is necessary for the delivery of the goods. In order to process payments, we will pass on your payment data to the credit institution which is responsible for the payment. We assure that we do not pass on your personal data to third parties, unless we are legally obliged to do so or you have expressly given us prior consent. If we use third-party services for the execution and processing of processing processes, the provisions of the Federal Data Protection Act are complied with.
Personal data that has been communicated to us through our website will only be stored until the purpose for which they have been entrusted to us is fulfilled. Where trade and tax retention periods are to be observed, the duration of the storage of certain data may be up to ten years. If you no longer agree to the storage of your personal data, or if this has become incorrect, we will, upon appropriate instructions, make the deletion, correction or blocking of your data within the framework of the legal provisions. Upon request, you will receive free of charge information about all personal data that we have stored about you. For questions regarding the collection, processing or use of your personal data, for information, corrections, blocking or deletion of data, please contact:
Savoca Numismatik GmbH & Co. KG
10. Final provisions
The laws of the Federal Republic of Germany shall apply with the exclusion of UN law pertaining to international sales of goods (CISG).
Insofar as the customer is a merchant, solely the district court Munich I (Germany) is responsible for all claims resulting from and in connection with the agreement entered into with the customer.
If single clauses of the contract with the purchaser, including these terms and conditions, prove invalid, in full or in part, or become so in the future, this shall not affect the validity of the remaining provisions. The fully or partially invalid provision shall be replaced by a provision of which the commercial effect most closely approaches that of the invalid stipulation. In case of existing loopholes, the Parties will add a provision that ensures that the Parties' will is reflected correctly according to the overall contract terms.