Terms and Conditions

 

§ 1. Validity of the conditions

Unless otherwise agreed in writing, the following General Terms and Conditions shall apply to all deliveries and services provided by the Supplier. The Supplier shall not be bound by any deviating terms and conditions of the Customer, even if the Customer refers to them last and overrides the Supplier’s terms and conditions by its own terms and conditions. Acceptance of deliveries or services shall be deemed acceptance of the Supplier’s terms and conditions, notwithstanding any earlier objections. The following terms and conditions, as amended from time to time, shall apply to future deliveries and services of the Supplier, even if they have not been sent to the Customer again or referred to. Certain provisions, including those regarding the return of goods (§ 10.1), limitations of warranty (§ 13.1), and limitations of liability (§ 15), may not apply or may be subject to different rules if the customer is a consumer under applicable consumer protection laws. Specific statutory consumer rights remain unaffected. If the customer is an end consumer and orders goods and services via the Internet, § 9 shall not apply.

 

§ 2. Offers and orders

The Supplier’s offers are non-binding and subject to change. The validity of the offers is limited to the validity period specified there. However, if no period is specified, offers are valid for a maximum of 4 weeks after the offer date. Orders are only binding for the supplier if he has confirmed them in writing. If the delivery is carried out without prior order confirmation, the contract is concluded by acceptance of the delivery under the supplier’s general terms and conditions. The quality of the goods and services offered may vary according to the state of the art at the time of delivery. This shall not affect the validity of the acceptance obligation.

 

§ 3. Order processing

For the order processing of a production, a two-stage graphic approval process of the supplier and purchaser is mandatory and part of an order. The approval process must be carried out in writing (by letter, fax, e-mail). Verbal approval is only possible if this has been confirmed in writing by the supplier. In a first step, a layout of the coin is created (layout graphic), which is a purely graphic representation of the coin. This layout graphic must be confirmed in writing by the customer. Another graphic is created on the basis of the approved layout graphic, “production graphic”. This is a technical graphic that is used for milling the tools. The production graphic must be confirmed in writing by the customer.

 

§ 4. Pricing, Shipping, and Import Costs

Prices are agreed upon individually with you after understanding your specific request, typically through email communication. The final price for your order will be the price we mutually agree upon. We will normally state in our price confirmation whether the goods are originating from our sister company in Germany (imported via our Florida office) or from our Florida location (domestic). If the origin is not explicitly stated in our communications, you should assume the goods originate from Germany. We will confirm the agreed-upon price in writing via email before finalizing your order. Termsfor GoodsImported from Germany (via Florida Office) Applicability: This section applies only when the goods you order are produced in Germany and imported into the USA via our Florida office. Shipping Process: Goods are shipped from Germany to our office in Florida. We then ship them from our Florida office to your specified delivery address. What Your Agreed Product Price Includes: Unless we explicitly state otherwise in our written price confirmation, the final product price you agree to pay us for imported goods includes: The Product: The cost of the item(s) you are purchasing. International Shipping & Insurance (Germany to Florida): The cost of standard shipping and insurance from Germany to our Florida office is included within the agreed product price and is not itemized separately. We (Coin-USA) cover these costs. US Import Process: We (Coin-USA) handle the process of importing the goods into the US as the importer of record. Costs You Are Responsible For (Billed Separately): Domestic Shipping & Insurance (Florida to You): You (the customer) are responsible for paying the costs of standard domestic shipping and insurance from our Florida office to your specified delivery address. These costs will be calculated and invoiced to you. US Import Tariffs and Fees: Although we manage the import process, you (the customer) remain responsible for paying any US import tariffs, duties, or related fees assessed by US Customs and Border Protection (CBP) or the shipping carrier upon the goods’ initial entry into the US. These costs are not included in the agreed product price. How Tariffs Are Calculated: Import tariffs are taxes imposed by the US government on goods entering the country. The amount depends on the type of product and its value. Rates can change based on trade policies. $800 Threshold: Shipments valued under $800 USD often enter the US duty-free, but this is not guaranteed. You are responsible for any duties or fees assessed, even on orders below $800. Duties and fees are more likely for orders valued over $800. Payment Collection: These import costs can also be billed to you directly by the shipping carrier (e.g., FedEx, DHL, USPS) when the goods first arrive in the US or shortly after, in case that a shipment is routed to you directly. Failure to pay these costs may result in delays or other issues. If you pay such duties and tariffs directly to the shipping carrier, you do not have to pay them to us. Terms for Goods Shipped Domestically (from Florida) Applicability: This section applies only when the goods you order are produced in the USA and shipped directly from our Florida location. What Your Agreed Product Price Includes: Unless we explicitly state otherwise in our written price confirmation, the final product price you agree to pay us for domestic goods includes only the cost of the item(s) you are purchasing. Costs You Are Responsible For (Billed Separately): Domestic Shipping & Insurance (Florida to You): You (the customer) are responsible for paying the costs of standard domestic shipping and insurance from our Florida location to your specified delivery address. These costs will be calculated and invoiced to you. No Import Tariffs: Because these goods originate within the USA, there are no US import tariffs or related customs fees. Sales Tax (Applicable to Both Imported and Domestic Goods) Excluded from Agreed Price: For both imported and domestic goods, the product price we agree upon via email does not include Sales Tax. Collection Requirement: If your order is delivered to an address within Florida, we are required by law to collect Florida sales tax (which includes the state tax and any applicable county surtax). If your order is delivered to any other US state, sales tax may apply based on our Nexus situation and the ordered goods. Calculation and Invoicing: This sales tax will be calculated based on your delivery address and the total price of your order (including taxable shipping charges). It will be added to your final invoice as a separate line item or as a percentage increase of individual prices. Special Requests(Applicable to Both Imported and Domestic Goods) If you request special services beyond our standard domestic shipping offering (such as expedited shipping, specific packaging, or enhanced insurance), we will quote the additional costs for these services separately. If you agree to these additional services and costs, they will be added to your invoice. Payment and Invoicing Initial Invoice: We will typically send an initial invoice for prepayment based on the agreed product price (plus Florida Sales Tax if applicable). Supplemental Invoice for Additional Costs: Costs that you are responsible for but which may not be finalized at the time of the initial invoice (such as domestic shipping & insurance costs, or any applicable export or import tariffs if we pay them upfront on your behalf) will be calculated once known. We will issue a separate, supplemental invoice for these additional amounts. Payment for the supplemental invoice is due according to the terms stated on that invoice. Table 1: Summary of Cost Responsibilities To help clarify who pays for what, please refer to this summary table:

This table provides a quick overview. Please read the full text of for complete details based on the origin of your specific order.

 

§ 5. Terms of payment

The terms of payment are specified in the contract. If no terms of payment are specified, all invoice amounts are payable in advance, due immediately without deduction. Other methods of payment must be agreed in writing. In the case of other payment agreements, the Purchaser shall make its payments to the bank accounts specified by the Supplier. The persons employed by the Supplier shall only be entitled to accept payments, including in the form of bills of exchange or cheques, if they are authorized to do so in writing. The supplier reserves the right to accept bills of exchange and checks. Bills of exchange and checks shall only be accepted as a promise to pay. The date of acceptance shall not be deemed the date of payment. The costs of discounting and collection shall be borne by the Purchaser. The supplier shall not be liable for the timeliness of the protest. If the payment deadline is exceeded or in the event of changes in the creditworthiness or in the event of doubts about the solvency or willingness to pay of the Purchaser due to a subsequent deterioration in its financial circumstances, the Supplier shall be entitled to change the payment terms for all existing and future claims and to demand immediate payment in cash of all its outstanding claims. If the purchaser does not comply with this request within a reasonable period of time set in writing, the supplier may withdraw from the contract. In this case, the Purchaser shall not be entitled to any claim for damages. The assertion of rights of retention or offsetting against any counterclaims of the Purchaser are expressly excluded, unless the Supplier has acknowledged the Purchaser’s claims in writing or the Purchaser’s claims have been legally established. The supplier is entitled to charge reminder fees after the first reminder. In addition, the Supplier may charge interest on arrears at a rate of 5% p.a. (five out of one hundred) above the respective discount rate of the Deutsche Bundesbank, but at least in the amount of the interest paid by the Supplier to its principal bank. Unless advance payment or something else has been agreed in individual cases, a payment period of 30 days shall apply to all invoices. After these days, default shall occur automatically without the supplier having to inform the customer of this additionally. Advice, documents and supporting material The Supplier shall inform and advise the Purchaser to the best of its knowledge and belief when concluding and executing the contract. The documents made available to the Customer shall remain the property of the Supplier and must be treated as strictly confidential. They may not be reproduced, published or otherwise made accessible to third parties or used for any purpose other than the agreed purpose without the written consent of the Supplier. At the Supplier’s request, the documents shall be returned to the Supplier without delay. The content of the documents made available to the Purchaser shall not be binding on the Supplier unless the Supplier has acknowledged the content of the documents as binding in writing.

 

§ 6. Deadlines

The periods agreed for the Supplier’s deliveries and services shall commence upon conclusion of the contract. The deadlines shall be deemed to have been met if the goods have left the supplier’s warehouse before the deadlines expire. If the dispatch of the goods is delayed for reasons for which the customer is responsible, the deadlines shall be deemed to have been met if the supplier was ready to dispatch the goods before the deadlines expired. Compliance with the deadlines presupposes the proper and timely fulfillment of the obligations incumbent on the customer – in particular compliance with the agreed terms of payment. If the aforementioned obligations are not fulfilled properly and on time by the customer, a reasonable extension of the deadlines shall be deemed to have been agreed. If the Supplier has culpably failed to meet the deadlines for its deliveries and services, the Customer shall be entitled to withdraw from the contract if it has set the Supplier a reasonable grace period in writing and this grace period has expired without result. Further claims of the purchaser are excluded.

 

§ 7. Shipping, packaging, transportation

The Supplier shall arrange for the shipment of the goods to the best of its judgment in accordance with normal traffic. This applies in particular to the selection of the forwarding agent, the carrier or the person otherwise designated to carry out the shipment and the choice of the mode of shipment. Shipping instructions of the customer are only binding for the supplier if he has confirmed them in writing. Partial deliveries are permitted and can be invoiced individually. Unless otherwise agreed separately, the customer shall bear the costs of packaging and shipment. If the customer wishes to change the usual packaging for transportation, he shall also bear the costs.

 

§ 8. Transfer of Risk and Reporting Shipment Issues

When Risk Transfers to You The point at which the risk of loss or damage to your order transfers from us to you depends on how your order is shipped: For Goods Shipped from our Florida Office (Including Goods Originally from Germany): Risk passes to you as soon as we hand the goods over to the domestic shipping carrier for final delivery to your address. For Goods Shipped Directly from Germany to You (International Direct): Risk passes to you as soon as the goods are handed over to the initial international shipping carrier in Germany. If Shipment is Delayed By You: If your order is ready for shipment, but the shipment is delayed for reasons you are responsible for (e.g., you request a hold), risk passes to you once we notify you that the goods are ready to ship. Insurance and Reporting Requirements It is crucial that you inspect your delivery promptly upon arrival and report any issues within the specified timeframe. Domestic Shipments (from Florida): If you have paid for shipping insurance for a domestic shipment from our Florida office, you must monitor the tracking information we provide. You must notify us of any problems with the shipment (e.g., damage, missing items) within 48 hours after the tracking information shows the package as delivered. You must provide a written explanation of the problem along with clear photographic proof. Failure to report problems with documentation within this 48-hour window will void the shipping insurance. Direct International Shipments (from Germany): For orders shipped directly from Germany to your address, we will arrange for the shipment to be insured for the sales value of the goods. Upon delivery, you must inspect the package immediately. You must notify us of any problems (e.g., damage, missing items) within 48 hours of the delivery date. You must provide a written explanation of the problem along with clear photographic proof. If you fail to report documented problems within this 48-hour window, the insurance coverage will be voided, and you will remain responsible for payment of the full invoice amount, even if the goods are damaged or lost. Documentation for All Claims: For any report of shipping problems, damage, or discrepancies for either domestic or international shipments, you must provide us with a clear written explanation detailing the issue(s) and include supporting photographic evidence. We cannot process claims without this documentation.

 

§ 9. Withdrawal, rescission

In principle, the Supplier is not obliged to take back the delivered goods. If the Supplier nevertheless takes back goods already delivered at the request of the Purchaser without being obliged to do so, the Supplier shall invoice the Purchaser for a reasonable part of the price of the returned goods or issue the Purchaser with a reasonable credit note. The return of the goods shall be at the expense and risk of the Purchaser. This aforementioned provision in this paragraph shall not apply if the customer is neither a merchant nor a legal entity under public law or a special fund under public law. If the Supplier is in default with its performance obligations, the Customer shall have the right to withdraw from the contract. In other cases, withdrawal is only possible with the written consent of the supplier. If an order has been placed (order confirmation sent to the customer) and the service provision is in the graphic layout status (before the start of production), in the event of withdrawal by the customer, each layout graphic created (new / update) shall be remunerated with a lump sum of EUR 50. Unless a different arrangement was made in writing when the order was placed. If the order is canceled after the layout graphics have been approved, a further EUR 250 will be charged as a lump sum. However, if one or more production graphics have already been created, an additional EUR 150 will be charged. If the order is already in production (release of a production graphic), the following amounts are due for payment immediately: immediately after release of the final production graphic: 10%, 5 days after release of the final production graphic 40%, 10 days after release of the final production graphic 80%. After the delivery has already been initiated, withdrawal is excluded and 100% is due.

 

§ 10. Retention, offsetting and assignment

The Purchaser shall have no right of retention to the goods delivered by the Supplier. The same shall apply to all other items handed over or made accessible to the Purchaser by the Supplier. The Purchaser may not offset counterclaims that have not been recognized by the Supplier or have not been legally established. The Customer may not transfer its contractual rights to third parties without the Supplier’s consent.

 

§ 11. Retention of title and rights of use

The delivered goods shall remain the property of the Supplier until all claims of the Supplier against the Customer have been settled in full. If the Purchaser is a merchant, a legal entity under public law or a special fund under public law, the Purchaser is 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, it must store the goods with reasonable care. The Supplier shall retain title to the goods delivered by him as well as to the products resulting from their processing or treatment (goods subject to retention of title) until all claims to which he is entitled now or in the future from the business relationship with the Purchaser have been fulfilled. In the event of the Purchaser’s insolvency, the Purchaser assures the Supplier free access to the premises and locations in which the goods owned by the Supplier are located until the opening of insolvency proceedings. The Purchaser shall process the goods subject to retention of title on behalf of the Supplier. If the purchaser processes goods subject to retention of title with other goods, the supplier shall be entitled to co-ownership of the new products in the ratio of the value of the goods subject to retention of title to the other goods. The customer may only resell the reserved goods in the ordinary course of business and only subject to retention of title. The Purchaser hereby assigns to the Supplier all claims arising in the future from the resale or from any other legal transaction concerning the goods subject to retention of title as security for all claims to which the Supplier is entitled now or in the future from the business relationship with the Purchaser. If the reserved goods are resold by the Purchaser together with other goods, the Purchaser shall assign to the Supplier the purchase price claim in the amount of the value of the reserved goods. As long as the purchaser fulfills his contractual obligations, the assignment of the aforementioned claims shall be treated as a silent assignment. The purchaser is authorized to collect the aforementioned claims. The Purchaser is not entitled to pledge or otherwise dispose of the goods subject to retention of title in a way that impairs or jeopardizes the Supplier’s rights to the same. The Purchaser shall immediately notify third parties of access to the goods subject to retention of title or the claims assigned to the Supplier as security, handing over the documents required for a third-party action. The Purchaser shall bear the costs of a third-party action. If the value of the Supplier’s security exceeds the value of its claims by more than 20% (twenty out of one hundred), the Customer shall be entitled to demand partial release of the security. If the retention of title is not effective under the law of the country in whose territory the goods are located, the security corresponding to the retention of title shall be deemed agreed. If the cooperation of the Purchaser is required to establish this security, the Purchaser shall take all measures requested by the Supplier in this respect without delay and at its own expense. The Supplier shall be entitled to use duplicates, copies or reproductions of any other kind of the goods ordered by the Customer for advertising purposes. The purchase of tools (embossing dies) entitles the customer to unrestricted use for the production of medals and similar products. The tools are stored at the supplier’s premises for at least 2 years for subsequent productions. At the end of this period, they will be destroyed unless other arrangements have been made. Should the tools become the physical property of the customer, a fee for the assignment of the copyright must be paid.

 

§ 12. Warranties

The warranty is excluded for entrepreneurs. The warranty towards consumers is limited to one year. Properties shall only be deemed warranted if this has been specifically agreed in writing. The customer is obliged to report obvious defects immediately, at the latest within three days of 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 coating. The Supplier is entitled to rectify defective deliveries and services for the Customer. If the Purchaser rectifies or repairs the defect itself, any claim of the Purchaser for warranty or replacement delivery and performance or rectification shall lapse immediately. If the customer has received defective goods, he may send the goods to the supplier for inspection at the supplier’s service center. The supplier must be notified of repair or complaint submissions. The Supplier shall first attempt to help the Customer by telephone or to determine the defect. If a return of goods is justified, the customer shall receive an unmistakable transaction number. This must be clearly visible on the outside of the package. The supplier may refuse to accept consignments without this identification. The supplier assumes no liability for the costs incurred for the return transport and for the risk of transportation. The goods shall be sent to the Supplier’s Service Center free of transport charges for the Supplier. The freight costs of transportation for warranty repairs shall be borne by the Purchaser. The defective goods must be accompanied by a description of the defect, a completed repair receipt from the supplier and a copy of the invoice/delivery bill. In the event of a warranty claim, the goods shall be returned free of charge to the customer. If the Supplier does not find any defects in the goods, the Supplier shall invoice the Customer for its test lump sums. After becoming aware of justified defects, the Supplier shall be obliged, at its discretion, to rectify the defect or provide a replacement delivery / replacement service. Further claims of the Purchaser, in particular for settlement of claims for consequential damages or compensation for direct or indirect damages incurred by the Purchaser, are expressly excluded. The Purchaser shall not be entitled to assert warranty claims if it has not complied with the Supplier’s instructions or recommendations. The same shall apply if the defects in the Supplier’s deliveries or services are attributable to the instructions, recommendations or other information provided to the Supplier by the Purchaser. The supplier’s liability for corrosion-related material deterioration is excluded. Deviations in weight and size of up to 3% do not constitute a material defect. Special regulations apply to precious metals, see the following section. The order date is decisive.

§ 13. Precious metals (gold, silver, platinum in any degree of purity)

Offers for precious metals are valid for 3 days unless otherwise agreed in writing in the offer. In principle, the date of acceptance of the offer shall be the date on which the payment to be made is received in full in the supplier’s bank account. The supplier may also consider a payment that arrives later to be a valid acceptance of the offer. If payment is received by the supplier after the expiry of the 3-day offer period, the supplier shall be entitled to invoice the customer for any additional costs incurred for the purchase of precious metals. The basis for such an invoice shall be the spot daily closing rate according to Reuters at the time of receipt of payment and shall be calculated at 100% of the order value to be paid, unless otherwise agreed in individual cases. For deliveries by defined weight, short deliveries of 1.5% for gold and 3% for silver/platinum are not considered grounds for complaint. However, the customer has the right to reduce the final invoice on the basis of the weight of precious metal actually delivered by the value of the shortfall in precious metal delivered at the spot price at the time of the final invoice. If the order was executed with 100% prepayment, the spot price on the date of payment shall apply. In the case of alloys, only the precious metal content in the alloy shall apply. For deliveries by defined weight, excess deliveries of 3% for gold and 5% for silver/platinum are not considered grounds for complaint. The supplier shall invoice the excess precious metal (in the case of alloys only the precious metal content) at the spot price according to Reuters on the date of order acceptance. The unit of weight 1 troy once = 1 ounce is defined as 31.10g as the reference value.

 

§ 14. Liability

The Purchaser may not assert any claims for damages against the Supplier or its vicarious agents for breach of contractual, pre-contractual or statutory obligations, irrespective of the legal grounds. The supplier is in no way liable for loss of data on data carriers. In the event of loss of data, even if the supplier is at fault, no claims for damages can be made against the supplier. The Customer is obliged to take its own security precautions within the customary scope so that no direct or indirect damage is caused by the Supplier’s deliveries and services. If no safety precautions or protective measures could be taken by the customer to prevent direct and indirect consequential damage, the supplier shall be liable in the event of gross negligence on the part of the supplier as compensation up to a maximum of the amount of the deliveries and services provided to the customer that are directly related to the damage or consequential damage. No further claims may be asserted. The Product Liability Act remains unaffected by this.

 

§ 15. Patents, export regulations

If a third party asserts an infringement of industrial property rights against the purchaser or the purchaser itself with regard to the delivered products, the purchaser is obliged to inform the supplier immediately. The Supplier shall be free to conduct all negotiations regarding the settlement or any resulting litigation, if necessary with the support of the Purchaser, but at its own expense. The Supplier shall not assume any liability for damages resulting from patent infringements. If the delivered products have been built according to the Purchaser’s designs or instructions, the Purchaser shall indemnify the Supplier against all claims, liabilities, charges and costs which are asserted by third parties due to infringements of patents, trademarks or utility models. Any legal costs are to be advanced to the supplier appropriately.

 

§ 16. Force majeure

If one of the parties is unable to properly fulfill its contractual obligations due to force majeure events, the other party may not derive any rights from this, regardless of the legal grounds. If the deadlines for deliveries and services cannot be met due to events of force majeure, these deadlines shall be extended accordingly. Events of force majeure include, in particular, war, civil unrest, acts of terrorism, confiscation or other measures of public force, strike, lockout and other labor disputes, general shortages of raw materials and supplies, machine damage, machine breakage and other operational disruptions, natural disasters or other circumstances for which the respective party is not responsible and which can only be remedied at unreasonable expense.

 

§ 17. Final provisions

The Purchaser agrees that the Supplier may use the data received from the business relationship with it for its own business purposes, including within the company and its subsidiaries, in accordance with data protection regulations. The above conditions and the additional written agreements made when the contract was concluded are valid in full. All previous verbal or written agreements are hereby invalidated. Excluded from 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.

 

§ 18. Applicable law, place of jurisdiction

The legal relationship between the parties shall be governed by the law of Florida / USA. 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. The place of performance shall be the Supplier’s head office or main administration. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship for both parties shall be the place of jurisdiction closest to the location of the Supplier’s head office or main administration, including for actions relating to bills of exchange or checks. However, the supplier is entitled to sue the purchaser at any other justified place of jurisdiction.

 

§ 19. Severability clause

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