General Terms:
1. Scope
Our General Terms and Conditions apply to all legal transactions between D+A Online Services GmbH (auctioneer) and the customer in the course of participation in our online auctions. We expressly do not recognize any purchasing conditions that deviate from our General Terms and Conditions; this non-recognition also applies to cases where the buyer has stipulated a particular formality for non-recognition. If non-recognition is excluded, legal regulations shall take the place of deviating conditions. Deviating purchasing conditions shall only be recognized if we confirm in writing that they are to be applied.
2. Conclusion of Contract
Pecunem involves online auctions by D+A Online Services GmbH as defined in 156 German Civil Code (BGB).
The auction is conducted on the basis of payment of the purchase price in the stated auction currency and is staged on behalf of and on the account of the proprietors, in compliance with prevailing legal provisions arising from the German Auction Act (Federal Law Gazette (BGBl) Vol. I, 1976, 1346) and legal provisions of the German Civil Code (BGB) and Commercial Code (HGB) applicable to commercial agents. By submitting a bid, you agree to the auction terms and conditions; this also applies to written bids.
Each bid by the customer as part of the Pecunem online auctions constitutes a legally-binding offer to conclude a purchasing contract. This is in force until a higher bid (overbid) is submitted or the auction is concluded with the item left unsold. A contract is concluded only when the auctioneer accepts the winning bid.
Participation in the auction is only permitted to customers who have previously registered at Pecunem online auctions.
Both registration for our auctions and submission of a bid constitute acceptance of our General Terms and Conditions.
3. Fees
Each lot purchased through Pecunem online auctions is subject to a buyer’s fee of 10% of the hammer price. This fee will be collected by the company hosting the auction. In addition, the client is responsible for all applicable taxes (i.e., VAT in the EU) according to the location from which the auction lots are shipped.
4. Catalogue
The description of items in the catalogue is diligently prepared. However, it does not meet the threshold of legal liability or liability for material defects pursuant to §§434, 459 pp. of the German Civil Code (BGB). The stated condition of preservation is determined strictly according to the categories of preservation customary in coin trading and is considered a personal evaluation.
5. Bid Increments
The minimum bid increments for the bidding procedure are:
Bid amount: Increment
Up to 100: 5
Up to 200: 10
Up to 300: 20
Up to 800: 25
Up to 1000: 50
Up to 2000: 100
Up to 3000: 200
Up to 8000: 250
Up to 10000: 500
From 10000: 500
When several identical bids are received, the bid received first is the winning bid.
6. Auction Closing and Bidding Procedure
Auctions at Pecunem.com are timed auctions. Lots will be called up sequentially in lot order, with a fixed period of time between them. Each lot closes at a specific date and time as shown on the Web page that displays the full lot information. Bids that arrive after the closing time cannot be considered. The closing time is determined according to the clock on Pecunem's Web server.
Pecunem displays a countdown clock beside each lot, which is intended to show the bidder how much time is left before bidding is closed. This countdown clock is for informative purposes only. Although we try to ensure that it is synchronized with our server clock, we cannot be responsible for Internet-related delays or connection problems between our server and the bidder's computer that may affect the accuracy of the countdown. For this reason, we recommend that bidders place their bids well before the lot closing time to avoid disappointment.
7. Data Protection
All personal data will be kept strictly confidential and will not be made available to third parties.
8. Liability Disclaimer
In all cases where the auctioneer and/or the consignor are obliged on the basis of contractual or legal grounds to pay for damages or reimbursements, these parties are only liable to the extent that they have been proven to have acted willfully and with gross negligence or to have caused injury to life, limb, or health. This shall not affect liability regardless of negligence or fault according to the Product Liability Act. Nor shall it affect liability for gross breach of contract; to this degree, liability is limited to damages that are foreseeable and typical for this type of contract, except for the cases referred to in the first two sentences. The aforementioned provisions are not coupled with a change in the burden of proof to the disadvantage of the customer.
9. Applicable Law, Venue
The place of fulfillment is Munich, Germany. German law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be the place of business of D+A Online Services GmbH. The same applies if the customer has no general legal venue in the Federal Republic of Germany or his domicile or normal place of abode is not known at the time a lawsuit is filed.
Should any of the provisions of this contract with the customer, including these General Terms and Conditions, be determined unlawful in part or whole, this shall not invalidate the remaining provisions. The provision found to be unlawful in part or whole shall be replaced with a provision that most closely achieves the economic purpose of the unlawful provision.
In case there is an unforeseen eventuality, the parties shall agree upon provisions that, on the basis of the entire body of the contract, shall help execute the contract according to the apparent will of both parties.
Host (Solidus Numismatik) Terms:
1. Scope of terms
Offerings, orders, deliveries and services performed are exclusively effected according to the following conditions.
2. Conclusion of the contract
1) Any offering by the seller is without warranty. The statements made in print and in online-catalogues, such as those pertaining to measures, weights, quality, origin and age are researched with great care, however, may only be of an approximate nature and without warranty by the seller.
2) By placing an order, the customer makes a binding commitment with the intention to acquire the ordered merchandise. The acceptance agreement of the seller is made in writing or by delivery of the merchandise to the customer.
3) The automated electronic acknowledgement of the order received does not represent any binding confirmation of the order.
3. Rescission and return with distance sales contract
1) The customer has the right to revoke his intention to enter into the contract within two weeks following the receipt of the merchandise. The return of the merchandise does not require any substantiation and is indicated to the seller in writing or simply by the return of the merchandise; punctual mailing is encouraged in order to meet the return deadline.
2) In the event that the merchandise is dispatched by parcel, the customer is obliged to return the merchandise when exercising the right of rescission. The costs of the return, when exercising a right of rescission, are borne by the customer up to an order value of € 40 unless the merchandise delivered does not correspond to that which was ordered. With an order value of more than € 40, the customer is not obliged to bear the costs of return.
3) The customer must incur the cost associated with any damage to the merchandise while in his possession. The customer should carefully check the merchandise upon it's receipt. Any diminishment of the value of the merchandise is the responsibility of the customer.
4) A right of rescission is not applicable in instances where the merchandise has been customized in accordance with the customer’s specifications. Customization might encompass cleaning, renovation, mounting etc.
5) The return of the merchandise by the customer to the seller in the event of a justifiable rescission must be effected with the same sort of packaging and by the same method of dispatch as when originally received from the seller. Expenses arising from certain mailings, such as "express mailings" or those involving customs fees, are not the responsibility of the seller. Similarily additional expenses arising from the dispatch of the merchandise to a place other than the place of performance is not the responsibility of the seller.
4. Prices and terms of payment
Deliveries are only made against prepayment; payment is due within 10 calendar days of the date of the order confirmation. The invoice will be delivered simultaneously with the merchandise. Following the expiration of the payment deadline, the customer will be considered in arrears and thereafter must pay an annualized interest amounting to 8 % above the ECB's base interest rate. An additional percentage penalty may apply upon the seller's presentation of proof demonstrating a greater damage caused by the payment delay.
5. Transfer of risks
The delivery is made to the address provided by the customer. The risk is transferred as soon as the merchandise is delivered to the customer or its assignee.
The customer must examine the merchandise packaging immediately upon it's receipt in order to determine wether there is any damage, evidence of which must be noted on the accompanying shipping documents.
6. Liability provision regarding material damage and defects of title
1) The seller assumes the responsibility for any defects of merchandise in accordance with its warranty by means of repair or replacement of merchandise. Claims of defective merchandise and/or contract must be made within 12 months of the delivery of the merchandise.
2) If the compensatory performance cannot be implemented within the prescribed term, the customer may – following a further deadline to be determined – withdraw from the contract or reduce the purchase price. In the event of a minor infringement of a contract, in particular in the case of minor defects to the merchandise, the customer is not entitled to make use of his right of withdrawal.
3) The customer must examine the merchandise immediately upon delivery and must give written notice of potential defects within two weeks of receipt; otherwise, any claims of deficiency in title are disallowed. In the event the defect cannot be immediately identified upon delivery, it must be noted and claimed when it is recognized and within the prescribed two-week time frame; otherwise, the deficiency in title claim shall be disallowed. The customer must provide full evidence that his claim is justified; in particular, the defect itself.
4) Statements regarding quality often deviate within the industry and hence no defect exists in such statements.
7. Authenticity and warranted properties
The seller warrants that the merchandise is authentic. However, there is no guarantee in place for any warranted properties in the sense of § 443 BGB of the German Civil Code. Only the description of the merchandise as presented is warranted; statements in advertising – verbally or in print – are without guarantee.
8. Retention of title and default of payment by the customer
The merchandise delivered remains the property of the seller until all aspects of the contract have been fulfilled.
In the event of any customer conduct in violation of the contractual terms, in particular failure to pay or non-compliance with other legal obligations, or, in the event of the customer's insolvency or financial collapse, the seller may withdraw from the contract and/or may repossess the merchandise delivered and retain title.
A customer may not claim that his own contract for the merchandise with a third party mitigates his contract with the seller. The seller does not rescind the contract in the case that he holds title to the merchandise.
9. Limitation of liability
The seller is fully liable only for negative intent and gross negligence; for physical harm to life, to body or to health even in negligence of duty.
With lesser negligence, the seller is liable only for financial losses including loss of profit in such cases, where obligations have not been fulfilled as reasonably expected by the customer. The amount of liability in such an event is limited to the foreseeable and to matters not manageable by the customer.
10. Data protection
The customer consents to the processing and storage of personal data in the course of concluding a purchase contract.
11. Place of performance and venue
Place of performance shall be the office of the seller in Munich.
In as much as the customer is a merchant in the sense of §§ 1, 2, 3, 5 and 6 HGB, German Commercial Code or is an entity of public law according to § 38 section I ZPO German Code of Civil Procedure or is a separate property governed by public law, Munich shall be the exclusive venue for all legal disputes arising out of this contract. However, the seller is equally entitled to sue before the competent court of the customer.
12. Miscellaneous
The law of the Federal Republic of Germany regulates all legal relations between the parties and supercedes the regulations as agreed in the United Nations Convention on Contracts for the International Sale of Goods. If the correspondence is in a foreign language, or, if documentation or references are written in a foreign language, in the event of doubt, the German language is exclusively applicable.
Only the German version of these terms and conditions is valid.
Should one or several clauses of these terms and conditions or a clause of a supplementary agreement be or become invalid, the effect of the remaining clauses shall not be impaired. Invalid or missing clauses shall be replaced by effective ones that come closest to the intended purpose or shall be replaced by the relevant official legal regulations.