These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts of ZIEMANN VALOR GmbH (hereinafter referred to as "ZIEMANN VALOR") with consumers within the meaning of § 13 of the German Civil Code (hereinafter referred to as "Customer"), which take place via the online shop "my-valor.de" and have as their object the sale of precious metals. Here you will find our General Terms and Conditions translated into English. However, the German version applies to your purchase and the legal transaction.
A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his or her commercial or independent professional activity.
The purchase contract for the online shop "my-valor.de" is concluded with ZIEMANN VALOR GmbH, registered in the Commercial Register of the District Court of Nuremberg under the number HRB 27130; summonable address: Siegelsdorfer Str. 31, 90431 Nuremberg, telephone +49 911 9820 7000, fax +49 911 9820 7120; legal representatives are the managing directors Hans-Jörg Hisam (with sole power of representation), Markus Pieper, Markus Osiander and Heinz Spiegelmacher./p>
We have submitted to the following codes of conduct:
Berufsverband des Deutschen Münzenfachhandels URL zum Verhaltenskodex: Deutscher Münzverband)
Qualitätskriterien trusted shop URL zum Verhaltenskodex: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html)
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the order button, you make a binding offer to purchase the goods contained in the shopping basket. Confirmation of receipt of the order is sent immediately after receipt of the order by an automated e-mail. This automated confirmation of receipt does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by email or by delivering the goods within five days. A legally binding contract is only concluded with the sending of the order confirmation or by delivery of the goods.
Every customer who is a consumer is entitled to revoke his contractual declaration in accordance with the special revocation instructions. However, ZIEMANN VALOR expressly points out that according to § 312 g paragraph 2 No. 8 of the German Civil Code, there is no right of revocation for contracts concluded by ZIEMANN VALOR - also via the Internet - if the contract concerns the delivery of goods whose prices are subject to fluctuations on the financial market over which ZIEMANN VALOR has no influence and which may occur within the revocation period. This is regularly the case with precious metals sold by ZIEMANN VALOR. In the case of an order that does not include precious metals, the following cancellation policy applies. This also applies in the event that partial services do not include precious metals..
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us (ZIEMANN VALOR GmbH, Siegelsdorfer Straße 31, 90431 Nuremberg, e-mail: email@example.com, fax: +49 (0)911 98 20 71 20, telephone: +49 (0)911 98 20 72 00) 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 may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
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 inexpensive 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. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
If you wish to withdraw from the contract, please complete this form and send it back to: ZIEMANN VALOR GmbH, Siegelsdorfer Straße 31, 90431 Nuremberg, Germany E-mail: firstname.lastname@example.org, Fax: +49 (0)911 - 98 20 71 20
a) The values are dispatched by the logistics partners of ZIEMANN VALOR. The delivery is carried out as a take-away within the framework of the route structure of our logistics partners to the delivery address stated or deposited in the order. When handing over the goods to the customer or a third party commissioned by the customer, the customer must be able to prove that he is entitled to receive the goods. The logistics partners of ZIEMANN VALOR are entitled, but not obliged, to check this proof. b) When accepting the consignment, the customer must ensure that the consignment is undamaged. In the case of damaged consignments or parcels, acceptance by the customer is to be refused. If the consignment is nevertheless accepted, ZIEMANN VALOR accepts no liability for the completeness and integrity of the contents.
c) Shipping and packaging are subject to a charge and will be indicated to the customer in the offers.
d) ZIEMANN VALOR shall bear the risk of accidental loss or accidental deterioration of the delivery item until it is handed over to the customer or the third party commissioned by him by the logistics partner. The handover is the same if the customer is in default of acceptance.
e) IIn the event of non-delivery, the customer shall be obliged to cooperate as follows:
ZIEMANN VALOR is entitled to make partial deliveries to a reasonable extent. The (partial) delivery - insofar as the goods are available in the warehouse - will only take place after the invoice amount has been credited to the account of ZIEMANN VALOR.
g) In the event of a delay in delivery, the customer will be informed immediately by e-mail, fax or telephone. Delivery is expressly subject to the proviso that ZIEMANN VALOR itself is supplied on time and correctly. If an ordered article is not available because ZIEMANN VALOR is not supplied by its supplier through no fault of its own, ZIEMANN VALOR is entitled to withdraw from the contract with the customer.
a) If the delivered item has a material defect, the customer can demand the rectification of the defect or delivery of defect-free goods. ZIEMANN may refuse the type of rectification chosen by the customer if this is associated with disproportionate costs. The customer bears the burden of proof for the defectiveness at the time of the transfer of risk.
b) If the subsequent performance fails or is unreasonable for the customer or ZIEMANN refuses the subsequent performance, the customer is in each case entitled to withdraw from the contract or reduce the remuneration in accordance with the applicable law. If the customer chooses to withdraw from the contract after subsequent fulfilment has failed, he shall not be entitled to any additional claim for damages on account of the defect. If the customer chooses to claim damages after subsequent performance has failed, the subject matter of the contract shall remain with the customer, insofar as this is reasonable. The compensation for damages shall be limited to the difference between the purchase price and the value of the defect-free item. This shall not apply if ZIEMANN has fraudulently caused the breach of contract.
c) The customer must notify ZIEMANN VALOR in writing of obvious material defects within a period of three days from receipt of the delivery item, hidden defects immediately after discovery; otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The customer shall bear the full burden of proof for all claim prerequisites, in particular for the material defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
d) The provision of descriptions of properties does not constitute a declaration of guarantee or assurance of a property.
f the customer makes use of the right of revocation, he/she shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40 or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for the customer.
Claims for damages by the customer, irrespective of the legal grounds, in particular due to breach of duties arising from the contractual obligation and tort, are excluded.
This does not apply insofar as liability is mandatory according to statutory provisions. However, the claim for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health.
a. The invoice amount is due for payment immediately after receipt of the invoice without deduction. Payment can be made in advance, by immediate bank transfer through the service of "sofortüberweisung.de" or by cash payment in case of self-collection. If you choose payment in advance, we will provide you with our bank details in the order confirmation.
b. The goods will be delivered after receipt of payment. If payment is not received within three bank working days after receipt of the order, ZIEMANN VALOR has the right to cancel the order.
c. The prices at the time of the order apply. Shipping and packaging costs are to be borne by the customer and are shown separately. Information on our shipping costs can be found here.
d. The customer shall only be entitled to exercise a right of retention or a right of set-off in the event that counterclaims have been legally established, are undisputed or have been recognised by us.
The goods remain the property of ZIEMANN VALOR until payment has been made in full.
We save the text of the contract and send the customer the order data and our GTC by e-mail. The customer can also view the GTC at any time at http://www.my-valor.de. The customer can view past orders in our customer login under "My account".
The contractual language is German and the German version of the GTC shall apply. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The GTC contain all provisions made between the parties concerning the subject matter of the contract. There are no verbal ancillary agreements. Stand: 1. August 2022
myVALOR is a brand of
ZIEMANN VALOR GmbH
Siegelsdorfer Straße 31
90431 Nürnberg 0911 98207 200 www.ziemann-valor.de email@example.com
Geschäftsführer: Markus Pieper, Markus Osiander, Heinz Spiegelmacher, Hans-Jörg Hisam Handelsregister: Amtsgericht Nürnberg, HRB 27130