§ 1 | Scope of application
The following terms and conditions of auction and general terms and conditions apply to all legal transactions between Münzen Gut-Lynt GmbH and customers in the context of the online auctions of Münzen Gut-Lynt GmbH. All changes to these terms and conditions are hereby expressly rejected; in the event that any term or condition is rejected, the statutory provisions come into force in its place. We only recognize deviating terms and conditions if we have confirmed them in writing.
§ 2 | Conclusion of contract
The auctions are public auctions by Münzen Gut-Lynt GmbH. The auction takes place in our own name, as a commission agent, on behalf of and for the account of our clients, who remain unnamed. The basis is the Federal Auction Regulation (BGB 1/1976 1346) and the provisions of the German Civil Code (BGB) and the German Commercial Code (HGB) as applicable to commission agents, against payment of the purchase price in the Euro currency. Only those buyers who have previously registered with Münzen Gut-Lynt GmbH are permitted to participate in the auction. By registering and submitting a bid, the bidder accepts these terms and conditions.
Every bid made by a customer at the online auctions of Münzen Gut-Lynt GmbH represents a binding offer to conclude a purchase contract. This is binding for the customer until it has been outbid by another customer or unless the bid is unsuccessful, i.e. the auction of the item ends without a knockdown. A contract is only concluded upon the fall of the auctioneer’s hammer, i.e. if the bid is successful.
Münzen Gut-Lynt GmbH executes written and telephone orders meticulously and in a discretionary manner, however without guarantee. Written bids (and those sent electronically) can only be considered if they are received no later than 24 hours before the start of the auction (or 12 hours in the case of bids via an Internet platform).
The knockdown occurs after the highest bid has been announced three times and obliges the bidder to accept and pay the full invoice amount. In justified cases, Münzen Gut-Lynt GmbH can refuse the bid or accept it under reserve. In the case of bids accepted under reserve, the bidder is bound by his bid until final resolution.
Münzen Gut-Lynt GmbH reserves the right to exclude persons from participating in the auction for special reasons.
Münzen Gut-Lynt GmbH and the operators of the “Live Bidding” platform (s) provided endeavour to guarantee the availability and the technically perfect operation of this (these) platform (s). It is the responsibility of the bidder to familiarise himself with the technical preconditions and requirements of these platforms in good time and to carry out any necessary installations and adjustments. Münzen Gut-Lynt GmbH rejects any liability for damages or other claims arising from interruptions or delays due to technical faults or defects.
§ 3 | Catalogue and description of auction lots
The description in the catalogue has been prepared to the best of our knowledge and belief, however it does not represent a guarantee as defined by sales law. The stated condition of preservation is based on the experience ratings customary in the German coin trade and is a personal assessment. In case of mistakes with regard to images, the text is always authoritative. Münzen Gut-Lynt GmbH gives no guarantee that the state of preservation of auction items that are handed over to a grading institute after the auction purchase will be certified by the grading institute in the same way as the state of preservation stated in the catalogue.
Unless they express themselves to the contrary, all auction participants and bidders assure that they will only use the catalogue and the items it contains, especially those from the period 1933–1945, for the purposes of civic education, defence against unconstitutional and anti-constitutional efforts, art and science, research, teaching, education or reporting on current affairs or history or similar purposes (Article 86 a, section 3, German Criminal Code [StGB]). The Auctioneer and the Consignor only offer these items under the above conditions. By submitting a bid, the bidders undertake to purchase all items from this period, especially those showing the corresponding emblems from the National Socialist era, only for the above-mentioned purposes and in no way to use them for propaganda purposes, in particular within the meaning of Article 86a of the Criminal Code [StGB].
§ 4 | Increments
The minimum increments (in EUR) for the bidding process are:
Up to 50 EUR — 2 EUR
Up to 150 EUR — 5 EUR
Up to 500 EUR — 10 EUR
Up to 1,000 EUR — 25 EUR
Up to 2,000 EUR — 50 EUR
Up to 5,000 EUR — 100 EUR
Over 5,000 EUR — 250 EUR
In the case of equal bids, the bid received first in terms of time has priority. The printed prices are starting prices. Orders that are below the starting price will not be processed. References may be requested from unknown collectors before the orders are executed.
Münzen Gut-Lynt GmbH can refuse bids without stating the reasons and without liability. The risk passes to the buyer on the fall of the hammer. Every successful bidder is personally liable for his purchases and cannot claim to have purchased for the account of a third party.
§ 5 | Shipping costs
For private customers within Germany, the shipping costs including insurance are a flat rate of EUR 7.00 per shipment, purchases of EUR 1,000 or more are free of shipping costs. Buyers from the EU pay a flat rate of EUR 15.00, while purchases of EUR 2,000 or more are free of shipping costs. In all other countries, for invoice amounts up to EUR 1,000, shipping costs are invoiced at a flat rate of EUR 30.00 (EUR 15.00 for shipments to Switzerland and Norway); for invoice amounts over EUR 1,000, the shipments are provided with customs documents and the actual costs are invoiced. Foreign customers purchase according to their own country's regulations on foreign exchange, customs and taxes. The shipping formalities are executed by the Auctioneer, who can use a recognised freight forwarder. The costs are borne by the bidder.
In the case of book shipments and large and / or heavy lots, the actual shipping costs will be invoiced in each case.
§ 6 | Premium and payment
All bids and premiums are in EUR excluding the applicable value added tax and the premium. The hammer price forms the basis for calculating the premium to be paid by the buyer. Buyers from EU countries pay a uniform premium of 17.5%, whereby the total amount includes the statutory sales tax. The same applies to entrepreneurs within the meaning of the Value Added Tax Act (UStG).
Export deliveries to EU countries are exempt from value added tax provided that the legal requirements are met. Buyers residing outside the EU are charged a uniform premium of 15%. For gold coins that are exempt from statutory value added tax and for goods subject to regular taxation, a buyer's premium of 15% is added to the hammer price.
If the goods are exported by the buyer himself or by a third party, the statutory value added tax is charged. This is reimbursed upon presentation of the legally required export certificates. If we deliver the goods to third countries, the statutory value added tax is not charged. All costs incurred abroad, in particular import sales tax and customs duties, are to be borne by the buyer in each case.
After acceptance of the bid and receipt of the invoice, the full invoice amount must be paid to one of our accounts within 7 days. The auction items remain the property of the Consignor until all claims arising from the auction have been paid in full. Payment should be made by bank transfer. If the buyer chooses a different method of payment, he must ensure that the Auctioneer is credited with the full invoice amount. Personal cheques are not accepted from overseas buyers. Interest of 1.5% per month will be charged in the event of late payment. The goods can be collected one day after the auction at the earliest. If in the case of purchases payment is not made immediately to the Auctioneer or if acceptance of the auctioned item is refused, the item will not be handed over to the successful bidder and the successful bidder loses his rights from the auction. The item can be auctioned again at the expense of the successful bidder. In this case, the successful bidder is liable for the loss, but has no claim to the additional proceeds. If the accepted coins are not accepted, the successful bidder forfeits the right to participate in future auctions. In the event of default of payment by the buyer or if acceptance is refused, Münzen Gut-Lynt GmbH reserves the right to either sue the buyer for the performance of the contract or for compensation for the damage resulting from non-performance, or to withdraw from the contract.
§ 7 | Delivery
In principle, delivery of the goods takes place against prepayment. After receipt of payment, the goods will be sent within 10 days, unless there are serious reasons not to do so. Unless expressly agreed otherwise, the shipping risk is covered by the Auctioneer by means of appropriate insurance.
§ 8 | Liability for material defects
The authenticity of the auction item is guaranteed, unless the text in the description clearly states otherwise. If, contrary to expectations, an item turns out to be counterfeit, the guarantee is limited to the amount of the hammer price plus premium. In case of disagreements that cannot be resolved, the Auctioneer can commission an expert of his choice, whereby the costs will be invoiced to the losing party. The above-mentioned guarantee of authenticity does not apply to items in so-called "slabs" (coins in plastic holders from grading institutes).
Justified complaints regarding the condition of the purchased auction item must be made no later than eight days after receipt of the item in all cases. The same applies to transport damage. Complaints based on differences of opinion about the condition of a lot will not be accepted. Lots that contain more than one item are excluded from any complaint regarding the information on the state of preservation.
In the case of justified complaints that are presented within the statutory warranty period, we will indemnify the buyer by rescinding the purchase contract. The guarantee is limited to the amount of the hammer price plus the premium. Otherwise, Münzen Gut-Lynt GmbH assumes no liability for legal or material defects with regard to the goods listed in the description. Claims for damages by the buyer against us are excluded.
The place of performance for all claims arising from this contractual relationship including any rescissions and returns is our registered office.
§ 9 | Privacy
Your personal data is stored for accounting and invoicing purposes. The complete privacy statement can be viewed at www.gut-lynt.de/datenschutz.
§ 10 | Limitation of liability
Münzen Gut-Lynt GmbH and its consignors are only liable for damages and the reimbursement of expenses if they are legally obliged to do so or if they are guilty of wilful intent or gross negligence. Liability for culpable breach of essential contractual obligations is limited to damage that is foreseeable and typical for this type of contract. Under no circumstances is the Auctioneer liable for the consequences of technical defects, in particular Internet connectivity issues, or for their impact on the auction and any possible damage resulting therefrom. All translations offered have been prepared to the best of our knowledge and belief; however, only the German version is legally binding.
§ 11 | Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods CISG does not apply. If the successful bidder is a registered trader or does not have a general place of jurisdiction in Germany, upon submission of a bid Tönisvorst is the exclusive place of jurisdiction for direct and indirect disputes arising from the contractual relationship.
Should one of the provisions be ineffective, in whole or in part, the validity of the remaining provisions remains unaffected. Ineffective provisions are to be replaced by effective provisions that approximate most closely to the meaning and purpose of the ineffective provisions.