1.1 Our following General Terms and Conditions („GTC“) (or also referred to as auction conditions) apply to all legal transactions between Numismatik Naumann GmbH and the customer in the context of participation in the auctions on the auction platform biddr.com. Any terms and conditions of purchase of the customer which deviate from our terms and conditions are hereby expressly objected to; this objection shall also apply in the event that the customer has prescribed a special form for the objection. If an objection is excluded, the statutory provisions shall apply instead of any contradictory terms and conditions. An acknowledgement of deviating terms and conditions of purchase shall only come into effect if their application has been confirmed by us in writing.
1.2 These GTC are available for download on the website of Numismatik Naumann GmbH.
1.3 The customers are usually consumers within the meaning of section 1 para 1 no 2 KSchG (Austrian Customer Protection Act), but also entrepreneurs within the meaning of section 1 para 1 no 1 KSchG.
1.4 For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
2. Contractual conclusion
2.1 The auctions conducted on behalf of Numismatik Naumann GmbH are public auctions within the meaning of § 367 ABGB (Austrian Civil Code).
2.2 The auction shall be held on behalf and for the account of the owners in compliance with the statutory provisions of the Austrian General Civil Code (ABGB) and the Austrian Commercial Code (UGB) arising from the Trade Regulation Act (§ 158 GewO Auction of Movable and Immovable Property) and applicable to commission agents against payment of the purchase price in the base currency of the auction. 2.3 By placing a bid, the auction conditions are accepted, this also applies to written bids.
2.4 Each bid of the customer within the framework of the auctions of Numismatik Naumann GmbH represents a binding offer to conclude a purchase contract. This is effective until a higher bid (overbid) is submitted or the auctions are closed without a knockdown. A contract is only concluded when the auctioneer accepts the bid.
2.5 Participation in the auction is only permitted to customers who have previously registered for the auctions of Numismatik Naumann GmbH on the platform biddr.com.
2.6 By registering for our auctions on the biddr.com platform and by placing a bid, you accept our General Terms and Conditions and those of the biddr.com platform.
3. Payment and fees 3.1 All purchases in the auctions of Numismatik Naumann GmbH are subject to a buyer's premium („Aufschlag“) of 18.90% of the hammer price of the auction. All bids and hammer prices are in Euro incl. the applicable VAT. We apply the differential taxation according to §24 UStG "Collectables and Antiques/Special Regulation" to the buyer's premium.
3.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union. 3.3 Various payment options (bank transfer and payment via Paypal) are available to the customer, which are indicated in the seller's check-out.
3.4 Payment is due immediately after conclusion of the contract. 3.5 If the claims are not paid within 14 days, Numismatik Naumann GmbH will charge 4% per year in statutory interest on arrears from the due date. In the event of default, the customer undertakes to reimburse Numismatik Naumann GmbH for any reminder and collection costs incurred, insofar as these are necessary for the appropriate legal prosecution. If the customer is an entrepreneur, section 456 and section 458 of the Austrian Commercial Code (UGB) shall apply.
4. Right of withdrawal
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 Further information on the right of withdrawal can be found in the withdrawal policy of Numismatik Naumann GmbH (see end of this document).
5. Delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable prior notice of the service.
5.3 The risk of loss of or damage to the goods shall (only) pass to a consumer when the consumer or a third party authorised by the consumer to receive the goods (who is not the carrier) has taken possession of the goods. We draw attention to the fact that buyers outside the European Union may encounter import problems due to national legislation. The buyer is requested to take this into account before purchase.
5.4 The handling of the shipment after receipt of payment is linked to the export permit of the Federal Monuments Office Vienna („Bundesdenkmalamt“). Export licences are usually issued within 2-4 weeks after the auction has ended. Numismatik Naumann GmbH has no influence on these processes.
5.5 Shipping costs
Austria: - Hammer prices per auction equal to or greater than EUR 200.-: Free shipping by DHL Express - Hammer prices per auction smaller than EUR 200.-: Shipping by DHL Express for EUR 10.00
Rest of European Union - Hammer prices per auction equal to or greater than EUR 200.-: Free Shipping by DHL Express - Hammer prices per auction smaller than EUR 200.-: Shipping by DHL Express for EUR 15.00
Outside the European Union - all countries: - Hammer prices per auction equal to or greater than EUR 200.-: Free Shipping by DHL Express - Hammer prices per auction smaller than EUR 200.-: Shipping by DHL Express for EUR 20.00
For the following countries we also offer the option of International Registered Mail (EUR 22.00): Albania, Argentina, Bahrain, Brazil, Central African Republic, Chile, China, Colombia, Costa Rica, Hong Kong, India, Israel, Japan, Kuwait, Russian Federation, Saudi Arabia, Singapore, Thailand, Turkey, Ukraine, United Arab Emirates, Vietnam and Zimbabwe.
5.6 Shipping after receipt of payment is only handled by the shipping companies indicated for selection and under point 5.5.
5.7 If the customer has not taken delivery of the goods as agreed (default of acceptance), Numismatik Naumann GmbH is entitled to either store the goods, for which a reasonable storage fee may be charged per calendar year or part thereof, or to take legal custody of the goods at the customer's expense and risk.
6. Retention of ownership („Eigentumsvorbehalt") If Numismatik Naumann GmbH makes advance payment, it shall retain ownership of the goods delivered until the purchase price owed has been paid in full. 7. Catalogue The description in the catalogue has been carried out conscientiously. The indication of the preservation is made strictly according to the preservation classifications customary in the coin trade and is considered a personal assessment.
8. Bidding steps The minimum bidding increments for the bidding process are: Bid amount: Minimum bidding level up to EUR 20.00 - EUR 2.00 up to EUR 100.00 - EUR 5.00 up to EUR 200.00 - EUR 10.00 up to EUR 300.00 - EUR 20.00 up to EUR 800.00 - EUR 25.00 up to EUR 1,000.00 - EUR 50.00 up to EUR 2,000.00 - EUR 100.00 up to EUR 3,000.00 - EUR 200.00 up to EUR 8,000.00 - EUR 250.00 up to EUR 10,000.00 - EUR 500.00 from EUR 10,000.00 - EUR 1,000.00 In case of several bids of the same amount, the bid received first shall be accepted.
9. Limitation of liability In all cases in which the Auctioneer and/or the Consignor and/or Numismatik Naumann GmbH are obliged to compensate damages or expenses on the basis of contractual or statutory bases for claims, they shall only be liable insofar as they are guilty of intent, gross negligence, wilful misconduct or injury to life, body or health. The strict liability according to the Product Liability Act remains unaffected. However, except in the cases of sentences 1 and 2, liability in this respect shall be limited to the foreseeable damage typical for the contract. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
10. Applicable law, place of jurisdiction and further issues
10.1 This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted to him by the mandatory rules of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of the rules of conflict of laws is excluded.
10.2 The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.
10.3 Place of performance is Vienna.
10.4 Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.
11. Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Registration number Court Vienna: FN 457086 k CEO: Marcus Naumann Members of the Austrian Federal Economic Chamber Applicable professional law: Gewerbeordnung: RIS - Gewerbeordnung 1994 - Bundesrecht konsolidiert, Fassung vom 04.11.2021 (bka.gv.at) Supervisory Authority: District Office for the 1st District Vienna Leafline („Blattlinie“): Information about historical coins Sales tax identification number according to § 27 a Sales Tax Act (VAT): ATU71253038
The EU Commission provides a platform for online dispute resolution on the internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
-------------------------------------- Cancellation policy & cancellation form --------------------------------------
Consumers have a right of withdrawal according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed: Attention: Pursuant to section 18 para. 1 no. 2 FAGG, the right of withdrawal does not apply to goods or services whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period. Please also note that according to section 18 para. 3 FAGG, the right of withdrawal does not apply to public auctions!
--------------------- A. Cancellation policy ---------------------
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. By way of derogation, in the case of a contract for the regular delivery of goods over a fixed period of time, the withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier and indicated by you has taken or has taken possession of the first goods. To exercise your right of withdrawal, you must send us Numismatik Naumann GmbH, Nibelungengasse 1-3/I/1, AT-1010 Vienna, Tel.: +43 (0)1 581 2514-0, Fax: +43 (0)1 581 2514-40, E-Mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded. The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. The right of withdrawal expires prematurely for contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
General instructions 1) Please avoid damaging or contaminating the goods. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage. 2) If possible, please do not return the goods to us „unfrei“. 3) Please note that the aforementioned items 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
-------------------- B. Withdrawal form --------------------
If you wish to cancel the contract, please complete and return this form
Numismatik Naumann GmbH Nibelungengasse 1-3/I/1 1010 Vienna Austria