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General Terms and Conditions

  1. Validity of the Terms and Conditions
    1. Contractual partner for all orders within the scope of this online offer is Coin USA Inc. hereinafter referred to as “Supplier” towards its customers, hereinafter referred to as “Customer”.

    2. All deliveries to the Customer shall be made on the basis of the General Terms and Conditions of Business and Delivery. Deviating terms and conditions of the Customer, even if the Customer refers to them last and overrides the terms and conditions of the Supplier by its own terms and conditions, shall not bind the Supplier. The acceptance of deliveries or services shall be deemed to be an acknowledgement of the Supplier’s terms and conditions – irrespective of any earlier objections.

    3. The following provisions of § 10, item 1, and § 15 shall not apply if the Purchaser is neither a merchant nor a legal entity under public law or a special fund under public law.

  2. Offers, orders and conclusion of contract
    1. Offers of the supplier are non-binding and subject to change. Offers shown on the Supplier’s website constitute a non-binding invitation to order the Products.

    2. The validity of the offers is limited to the validity period indicated there. However, if no period is indicated, offers shall be valid for a maximum of 4 weeks after the date of the offer. In the case of offers that include precious metals (full silver, full gold, in various alloys) only 2 days.

    3. Orders are placed by sending an order form and thus the Customer makes an offer to conclude a purchase contract.

    4. The supplier confirms the order to the purchaser by automatic email, but reserves the right to check the offer for its technical implementation. The automatic confirmation by email is therefore not an acceptance of the offer, but merely a confirmation of receipt of the order.

    5. The supplier grants himself the right to check the design created by the customer and, if necessary, to adapt it for a technically correct implementation. In case of major changes, the customer will be informed by email. Minor changes that do not fundamentally change the design are accepted by the customer.

    6. The contract between the supplier and the purchaser is not concluded until the product has been shipped to the customer. The customer will receive a shipping confirmation and tracking number.

    7. Condition of the offered delivery and services can deviate according to the technical status at the time of delivery and according to the handover of graphics in the corresponding quality. This does not affect the validity of the obligation to accept.

  3. Delivery of the goods
    1. After confirmation of receipt, the order is usually delivered from the supplier’s factory within 6-8 days. This time is intended as a guideline, but is not a binding delivery time from the supplier.

    2. A binding delivery time can only be confirmed in writing by email to the purchaser.

    3. Shipping costs may vary depending on the country. It is also possible to deliver to other countries, but this may result in longer delivery times in addition to higher shipping costs. The customer will be informed in writing about such changes.

    4. Partial deliveries are permitted and can be charged individually.

  4. Prices
    1. If a delivery is made to the EU or third countries, the corresponding VAT rate is decisive for the calculation.

    2. Shipping and packaging are borne by the customer. Should the purchaser require special packaging / special shipping service, the costs shall also be borne by the purchaser.

  5. Payment & payment conditions
    1. The payment of the goods can be selected individually by the customer on the website.

    2. To ensure secure payment processing, the supplier uses the support of third party payment providers.

    3. A production of the supplier can only start upon receipt of the full amount of the payment.

    4. It is valid for all orders /orders 100% payment in advance. Other payment conditions require the written confirmation of the supplier.

    5. Invoices will be issued in electronic form only. These invoices will be sent to the purchaser as a PDF.

  6. Transfer of risk
    1. The risk shall pass to the Purchaser as soon as the goods have been handed over by the Supplier to a shipping service provider.

    2. If the goods are ready for shipment / dispatched and delayed for reasons for which the Supplier is not responsible, the risk shall pass to the Purchaser.

    3. If the transfer of risk occurs, the prerequisite for invoicing the goods is fulfilled in full.

  7. Retention of title and rights of use
    1. The delivered goods shall remain the property of the Supplier until all claims of the Supplier against the Purchaser have been settled in full.

    2. If the Purchaser is a merchant, a legal entity under public law or a special fund under public law, it shall be obliged to store the goods owned by the Supplier with due commercial care on behalf of the Supplier and to insure them adequately. If the Purchaser is a consumer, he shall store the goods with reasonable care.

  8. Warranty
    1. The statutory warranty rights apply to the products offered.

    2. The customer is obliged to report obvious defects immediately, at the latest within three days after receipt of the delivery or service, in writing or by telex. Defects that are only discovered later must be reported immediately, at the latest within three days of their discovery, in writing or by telex. Deviations from contractually agreed specifications which remain within the limits provided for in the relevant technical standards shall not be deemed defects. This also includes additive protective measures of the products such as a protective lacquer.

    3. The Supplier shall be entitled to repair defective deliveries and services to the Purchaser. If the Purchaser rectifies or repairs the defect itself, any claim of the Purchaser to warranty or replacement delivery and performance or rectification shall immediately expire.

    4. If the Purchaser has received defective goods, it may send the goods to the Supplier’s service center for inspection.

    5. The supplier must be notified of any repair or complaint consignments. The supplier will first try to help the customer by telephone or to find out the defect. If a consignment of goods is justified, the customer will receive an unmistakable transaction number. This number must be clearly visible on the outside of the package. Acceptance of consignments of goods without this identification may be refused by the supplier. The Supplier shall not be liable for any costs incurred for the return transport and for the risk of the transport.

    6. The defective goods must be accompanied by a description of the defect and a copy of the invoice/delivery bill.

    7. In the event of a warranty claim, the goods shall be returned to the Purchaser free of charge.

    8. If the supplier does not find any defect in the goods, the supplier shall invoice the purchaser for its flat-rate test charges.

    9. After knowledge of justified defects, the supplier shall be obligated to rectify the defect or to provide a replacement delivery / service at his discretion. Further claims of the Purchaser, in particular for settlement of claims due to consequential damage or compensation for direct or indirect damage incurred by him, are expressly excluded.

    10. The Purchaser shall not be entitled to assert warranty claims if he has not complied with the Supplier’s instructions or recommendations. The same shall apply if the defects in the supplies or services of the Supplier are attributable to the instructions, recommendations or other information provided to him by the Purchaser.

    11. The Supplier’s liability for material deterioration due to corrosion is excluded.

    12. Weight deviations, as well as size deviations up to 3%, do not represent a material defect. They will be compensated for precious metals at the current daily rate. The order date is decisive.

  9. Limitation of liability
    1. Liability shall be governed by statutory provisions unless otherwise stipulated in these General Terms and Conditions of Business and Delivery. The supplier shall only be liable for damages in the event of intent and gross negligence. The Product Liability Act shall remain unaffected by the above provisions.

  10. Patents & Copyrights
    1. The customer is obligated at the time of the order to have all rights to the graphics, logos, and other graphics required by him for the production. Claims of third parties do not exist. However, should there be any infringements by third parties, these shall be borne in full by the purchaser.

    2. If a third party asserts a claim against the Purchaser or the Purchaser itself for infringement of industrial property rights with regard to the products supplied, the Purchaser shall be obliged to notify the Supplier immediately.

    3. If the delivered products have been manufactured according to designs or instructions of the Purchaser, the Purchaser shall indemnify the Supplier against all claims, liabilities, charges and costs which are raised by third parties due to infringements of patents, trademarks or utility models.

    4. All costs which may be incurred as a result of any third party litigation shall be borne in full by the Purchaser.

  11. Force majeure
    1. If one of the parties cannot properly fulfill its contractual obligations due to events of force majeure, the respective other party cannot derive any rights from this, regardless of the legal grounds.

    2. If the deadlines for deliveries and services cannot be met due to events of force majeure, these deadlines shall be extended accordingly.

    3. Events of force majeure shall be deemed to include, in particular, war, civil unrest, acts of terrorism, confiscation or other measures of public authority, strikes, lockouts and other labor disputes, general shortages of raw materials, auxiliary materials and supplies, machine damage, machine breakdown and other operational disruptions, natural events or other circumstances for which the respective party is not responsible and which can only be eliminated at unreasonable expense.

  12. Final provisions
    1. The Purchaser agrees that the Supplier may use the data obtained from the business relationship with the Purchaser for its own business purposes, also within the company including its subsidiaries, in accordance with data protection laws.

    2. The above terms and conditions and any additional written agreements made upon conclusion of the contract shall be valid in their entirety. All previous agreements made verbally or in writing are hereby rendered invalid. Exceptions to this are written agreements to which the supplier has expressly agreed in writing. In this case, the respective written agreements shall take precedence over these General Terms and Conditions.

  13. Applicable law & place of jurisdiction
    1. The legal relations of the parties are subject to the law of the United States of America. The application of the Uniform Law on the International Sale of Goods and the Law on the Formation of Contracts for the International Sale of Goods is excluded.

    2. The place of performance shall be the Supplier’s principal place of business or head office. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be for both parties the competent place of jurisdiction nearest to the location of the Supplier’s headquarters or head office. However, the Supplier shall be entitled to sue the Purchaser at any other justified place of jurisdiction.

  14. Severability clause
    1. Should any provision of the above terms and conditions or of the additional written agreements made upon conclusion of the contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining contractual agreements. The parties are obliged to replace an invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic result of the invalid or unenforceable provision.

    2. Amendments and supplements to the above terms and conditions and to any additional written agreements made upon conclusion of the contract must be made in writing. The same shall apply to any deviations from the requirement of the written form.

1-Jul-2021