§1 Validity vis-à-vis entrepreneurs and definitions of terms
(1) The following General Terms and Conditions apply to all legal transactions between Leeb Schmuck GmbH and the customer or seller. These General Terms and Conditions apply equally to consumers and entrepreneurs.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
(3) Our GTC shall also remain valid for future business relationships with entrepreneurs without us having to refer to them again.
(4) If entrepreneurs use conflicting or supplementary GTC, we hereby expressly object to their inclusion in the contract; this objection shall also apply in the event that the customer has prescribed a special form for the objection. Such deviating GTC shall only become part of the contract if we expressly agree to them.
§2 Contractual partner, conclusion of contract, storage of the contract text & error correction
(1) The following provisions on the conclusion of contracts apply to orders placed via our Internet store leeb-schmuck.de.
(2) If a contract is concluded, it shall be concluded with the following contractual partner.
Leeb Schmuck GmbH
Pfisterstrasse 8
D-80331 Munich
Register court: Munich Local Court
Register number: HRB 288015
is achieved.
(3) Your order constitutes a binding offer to us to conclude a purchase contract. A legally valid purchase contract is only concluded when we have accepted your offer within 14 days. This is done by our written confirmation or by sending the ordered product to you. We will immediately confirm receipt of an order placed via the Internet by sending an e-mail to the e-mail address you have provided. The confirmation of receipt does not constitute a binding acceptance of the order; however, the declaration of acceptance may be combined with the confirmation of receipt. No guarantee is given for the correctness, completeness and up-to-dateness of the texts and illustrations shown on the Internet and in the stock list or stock catalogs. Misprints and errors excepted. Verbal information provided outside of a written order is non-binding and must be in writing to be valid. By placing an order you accept our general terms and conditions.
(4) Before submitting the binding order, the customer can return to the website on which the customer’s details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the „Back“ button contained in the Internet browser used by him after checking his details.
(5) Leeb Schmuck GmbH saves the text of the contract and sends you the order data and our GTC by e-mail. You can also view the GTC at any time at leeb-schmuck.de/agb. You can view your past orders in our customer area at -> „My orders“.
§3 Contract language
Contracts with Leeb Schmuck GmbH can be concluded in German and English.
§4 Prices, shipping costs, payment, due date
The prices quoted include statutory VAT and, where applicable, statutory margin and differential taxation as well as other price components. Any shipping costs are added. Further information on our shipping costs can be found under the individual products. Part of the invoiced shipping costs includes the careful packaging and padding of the goods for sale. The seller offers to collect the ordered goods from his store. In this case there are no shipping costs. You will be charged the following costs for postal delivery:
§5 Delivery, delivery period
(1) Unless clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch.
(2) If the customer has chosen to pay in advance, the goods will not be dispatched until payment has been received.
(3) Delivery, in particular to buyers unknown to us, shall only be made against advance payment, unless otherwise agreed. In the case of advance payment, an invoice will be sent to you upon acceptance of your offer, which you must pay to us within 14 days. After receipt of payment, we will send the goods to you within 14 days.
(4) If a particular item is not available, we will send you an item of the same quality and price (replacement item), if requested by you when ordering. Reservation: If our supplier does not supply us with the ordered goods despite contractual obligation, we are entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. Any purchase price already paid will be refunded immediately. If we are temporarily prevented from delivering the object of purchase within the agreed period or within 14 days or from providing the contractually owed service due to operational disruptions, work stoppages, lockouts, official orders or other cases of force majeure occurring at our premises or at one of our suppliers, this period shall be extended by the duration of the hindrance. In this case, we shall inform the customer immediately of the hindrance and its expected duration. If the hindrance lasts longer than four weeks, both parties have the right to withdraw from the purchase contract.
(5) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover or, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods are handed over. If the consumer is in default of acceptance of the sold item, this shall be deemed equivalent to handover.
(6) The shipping risk to be borne by us is covered by the conclusion of adequate insurance policies.
(7) Should it happen that goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and inform us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the freight company or the transport insurance company.
(8) In the case of delivery by Leeb Schmuck GmbH to non-EU countries, additional costs for customs clearance may be incurred, which shall be borne by the customer. Leeb Schmuck GmbH has no influence on these costs and cannot estimate them.
(9) Leeb Schmuck GmbH points out that cross-border deliveries may be examined and opened by the customs authorities. Leeb Schmuck GmbH also has no influence on this.
§6 Payment
(1) All prices are in euros and include the statutory VAT applicable at the time of the order.
(2) Any other applicable taxes as well as import and export taxes shall be paid by the customer. If necessary, the customer must inform himself about this in advance or contact us.
(3) The following payment methods are accepted in our online store:
(a) Prepayment: If you choose prepayment as your payment method, we will send you an e-mail with our bank details. We will only dispatch the ordered goods to you after receipt of payment.
(b) Paypal: If you select „PayPal“ as your payment method, you must be registered with this payment service provider or first register with them using your identity data. You will be guided through the payment process by PayPal and will receive a confirmation upon completion.
(c) Credit card: If you select „credit card“ as the payment method, you only need a valid credit card. The payment transaction will be processed by your credit card company.
(d) Cash on collection: If you have chosen cash on collection, you can collect your goods from our store against cash payment.
§7 Cancellation policy
Cancellation policy
Right of withdrawal
You can revoke your contractual declaration made in the Leeb Schmuck GmbH online store within 14 days without giving reasons, either verbally or in writing (e.g. letter, fax, e-mail [Leeb Schmuck GmbH, Pfisterstraße 8, 80331 Munich, Germany]). The withdrawal period begins as soon as you or a third party named by you, who is not the carrier, has received the goods. If you have ordered several goods as part of a single order and the goods are delivered separately, the withdrawal period begins as soon as you or a third party named by you, who is not the carrier, has received the last goods. If you wish to exercise your right of withdrawal, you must inform us of this by means of a clear declaration in which you state that you wish to withdraw from the contract. To meet the withdrawal deadline, it is sufficient to send the withdrawal before the withdrawal period has expired. A sample form for the declaration of revocation (hereinafter „revocation form“) can be downloaded HERE. We will also send you a withdrawal form by e-mail and/or enclose it with the ordered goods in paper form. The use of the sample form is voluntary and serves to make it easier for you to exercise your right of withdrawal.
The revocation is to be sent to
Leeb Schmuck GmbH
Pfisterstrasse 8
D-80331 Munich
Phone: +49 (89) 17877535
Fax:
E-mail: info@leeb-schmuck.de
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If the services received and benefits (e.g. benefits of use) cannot be returned or surrendered in full or in part or only in a deteriorated condition, you must pay compensation for the value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality“ means testing and trying out the respective goods, as is possible and customary in a retail store, for example. The return shipment is at our risk. If the buyer makes use of his right of revocation, it is agreed that he shall bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros, or if the buyer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation if the price of the item is higher. Otherwise, the return shipment is free of charge for the buyer. In the event of a successful withdrawal, Leeb Schmuck GmbH will refund the purchase price paid to an account to be specified by the customer. If the goods are taken back as a gesture of goodwill, there is no entitlement to a refund, only to a voucher.
Exclusion of the right of withdrawal
(1) Pursuant to Section 312g (2) No. 1 BGB, the right of withdrawal does not apply to contracts for the delivery of goods which 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 personal needs.
(2) According to § 312 d IV No. 6 BGB, there is no right of revocation for distance contracts for the delivery of goods whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the revocation period. This also includes precious metals whose value is subject to daily fluctuations.
End of the withdrawal policy
§8 Retention of title
Leeb Schmuck GmbH retains title to the goods until the purchase price has been paid in full.
(1) The customer has the option of paying in advance, via PayPal or by credit card (Visa, Mastercard, American Express). Payment on account is only possible with the express consent of Leeb Schmuck GmbH in individual cases.
(2) If the customer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract. If the goods are ordered on account with the consent of Leeb Schmuck GmbH, the customer undertakes to pay the purchase price immediately after delivery.
(3) As long as the purchase price has not yet been paid in full, the customer is obliged to
a) to treat the goods with care, in particular not to clean coins and jewelry and not to treat them with chemical agents or other objects, and
b) third party access to the goods, for example in the event of seizure, any damage to the goods or their destruction to us and/or
c) to notify us immediately of any change of ownership of the goods and of his own change of residence.
(4) An entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We hereby accept the assignment. After the assignment, the entrepreneur is entitled to collect the claim. However, we reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
§ 9 Liability for defects & warranty
(1) Unless explicitly described otherwise, all items sold are unique used historical items and therefore show signs of wear. We describe and photograph the items to the best of our knowledge and belief. If delivered items have obvious defects that were not already evident in the description or photos, including transport damage, you are obliged to complain about such defects immediately. For consumers, however, failure to make this complaint has no consequences.
(2) Warranty claims shall generally be governed by the statutory provisions.
(3) In some cases, items exist more than once. Not all of our items can be shown in a catalog or on the website. The delivery of an identical item that is not shown does not constitute a defect unless you have expressly stated in your order that you wish to receive exactly the item shown and described.
(4) The authenticity of all our offered coins, medals and jewelry is guaranteed. The buyer is entitled to the statutory warranty rights. If you have any questions, please contact us at any time by telephone, post or e-mail during our normal business hours.
(5) In the event of a warranty claim, the consumer is entitled, at his discretion, to assert a right to rectification of defects or delivery of defect-free goods (subsequent performance). If the chosen type of subsequent performance is associated with disproportionately high costs, the claim shall be limited to the remaining type of subsequent performance. Further rights, in particular the rescission of the purchase contract, can only be asserted after the expiry of a reasonable period for subsequent performance or the failure of subsequent performance twice or our refusal of subsequent performance.
(6) If the customer is an entrepreneur, the warranty claim shall be limited to one year if a new item is ordered; if it is a used item, the warranty claim shall be excluded. If the warranty claim for subsequent performance is asserted, Leeb Schmuck GmbH shall have the option of repairing the item or delivering a new one.
(7) If the customer is a consumer, the warranty claim is limited to one year when ordering a used item.
(8) We assume no responsibility for the fact that goods sold by us are accepted by the so-called grading companies or that the quality of preservation is assessed in a similar way as by us. Complaints resulting from the fact that a grading company has arrived at a different quality assessment shall not entitle the customer to cancel the purchase.
(9) In the case of pieces in so-called „slabs“ (coins are shrink-wrapped in plastic holders issued by grading companies), we accept no liability for hidden defects, e.g. edge defects, handle marks, grinding marks, etc., which are concealed by the plastic holder.
(10) The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
(11) The place of reversal is Munich
§10 Data protection
All personal data is treated confidentially. You can find more information on this topic under data protection.
§11 Limitation of liability
(1) We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
(2) If we or our legal representatives or vicarious agents breach material contractual obligations through slight negligence, on the observance of which contractual partners may regularly rely and the fulfillment of which makes the proper execution of the contract possible in the first place (cardinal obligations), our liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. All further claims for damages are excluded.
§12 Use of the customer account
(1) Please note: The data for the use of the personal customer account must be treated confidentially. The customer shall take all necessary steps to keep the password secret. Should a third party gain knowledge of the customer’s password or should there be reason to believe that this is the case, the customer must secure his password again. This is to be accomplished by creating a new password; if there is a possibility of an unwanted order by the customer through the use of the third party, the customer must inform Leeb Schmuck GmbH immediately.
(2) Leeb Schmuck GmbH reserves the right to block and, if necessary, delete the customer account concerned in the event of a breach of the GTC, applicable laws or other contractual conditions or guidelines.
§13 Amendments to the General Terms and Conditions
Leeb Schmuck GmbH reserves the right to make changes to the Leeb Schmuck GmbH website, the terms and conditions, including the GTC, at any time. The contractual terms and conditions at the time of the conclusion of the contract shall apply to a contract concluded between a customer and Leeb Schmuck GmbH, unless statutory or official orders are involved.
§14 Minors
Persons under the age of 18 or other persons with limited legal capacity may only place orders in our online store with the prior consent of their parents/legal guardians or legal representatives.
§15 Applicable law
The place of fulfillment is Munich. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Leeb Schmuck GmbH, Munich. The same shall apply if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is filed. 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 success comes as close as possible to that of the invalid provision. In the event of a loophole, the parties shall agree on a provision that helps to enforce the will of the parties recognizable from the entire content of the contract.
§16 Logo, images & designs used
All trademarks, names, titles, logos, images, designs, texts and other materials used on these pages are the property of Leeb Schmuck GmbH. The text and image files provided are protected by copyright and/or trademark and/or design or other proprietary rights and may not be used unless the owner has given his written consent.
