Conditions of Business

 

1. Applicability of the General Conditions

The following are the General Conditions Of Business of the www.coinneal.com online shop of COINNEAL and are solely applicable for business conducted between COINNEAL and the Purchaser, and should therefore be considered valid at the time of placing an order by the Purchaser. All other terms of the Purchaser, which are at variance with the General Conditions of Business www.coinneal.com, are not accepted by COINNEAL unless their explicit acceptance is confirmed in writing.

By the placing of an order the Purchaser consents automatically to the General Conditions of Business www.coinneal.com. The latter are an integral part of the sales contract. The order will be processed electronically. Customers should be aware that the actual products appearance may vary slightly from the displayed drawings, pictures/reproductions, colours, dimensions and other information, which should not be treated as a warranty of the goods or as an implied guarantee.

The business languages for conducting transactions on this web site and the business, connected to it, are German and English. COINNEAL is not liable for errors and malfunctions that may occur during the electronic data transfer.

 

2. Conclusion of a Sales Contract

Each online transferred order represents an offer by the potential Purchaser to COINNEAL for the conclusion of a sales contract. When the Purchaser passes such an offer to COINNEAL, he/she will immediately receive an e-mail (confirmation of order receipt) from COINNEAL, which will confirm the receipt of the Purchaser's order by COINNEAL and will list the ordering details. The confirmation is solely for information purposes of the Purchaser, that his/her order has been received by COINNEAL, and presents no acceptance of the Purchaser's offer as a sales contract by COINNEAL at this stage.

The conclusion of the sales contract is not fulfilled prior to the shipment of the ordered product(s) to the delivery address as advised in the order, and not before the Purchaser has been informed about this order shipment by a second e-mail (shipment confirmation). COINNEAL reserves the right to accept the Purchaser's offer (order) in part. If any products from an order are not included in this e-mail shipment confirmation, no sales contract is concluded for this/these product(s).

Purchase of products from the COINNEALl webshop must be carried out only by Purchasers, who are at least 18 years in age.

 

3. Performances, Events 

These General Conditions of Business are solely applicable for the COINNEAL - web shop, not for concerts played by COINNEAL.  In that case the conditions of the individual performance contracts are valid.  No duties do arise from the text of one individual performance contract for events taking place at another timer or for agreements with another party, unless several concerts have been explicitly arranged under the same conditions.

 

4. Withdrawal from a Sales Contract, Exchange and Return of Products

As long as the sales contract is not concluded (i.g. the Purchaser has not received any e-mail shipment confirmation), the Purchaser can  cancel the order on his part online. The Purchaser can withdraw from the distant sales contract (i.e. a sales contract concluded via Internet) within 14 working days (Saturday and Sunday do not count as working days in this regard) from the receipt of the delivery.

However, no right of withdrawal exists for products like CD's, DVD's and Books. The advice of withdrawal can be sent via e-mail to the following e-mail address: info@coinneal.com. The Return Form, packed along with the ordered products, should be filled in and attached to the products to be returned. This will aid the swift reimbursement of the Purchaser's funds upon safe receipt of returned goods by COINNEAL.

Goods returned to COINNEAL without the Return Form will be processed as quickly as possible, and COINNEAL will reimburse the Purchaser with the purchase price as quickly as it is reasonably possible. When withdrawing from the sales contract within the above stated period of time the Purchaser is obliged to return the product(s) at the Purchaser's own cost and risk. The product should neither have been used nor damaged. After their receipt at COINNEAL the completeness, the integrity and the functionality of the product(s) will be inspected. When the goods are free of damage and complete, the purchase price of the product(s) will be reimbursed to the bank account advised by the Purchaser. Shipping costs are not refunded.

If the goods are damaged or incomplete, they will be sent back to the Purchaser and the Purchaser's account will be charged with the shipping costs. If the Purchaser returns goods in order to have them exchanged (i.e. because of a colour or a size requirement other than that originally ordered), the goods are to be returned to COINNEAL at costs and risk of the Purchaser. A new order for the newly requested products should be placed online. We recommend expressively for further informations the follow the link to the german ministry of justice: www.bundesjustizministerium.com/media/archive/824.pdf

 

5. Delivery, Delivery Time

If not otherwise agreed the delivery will be made CPT (carriage paid to...) and at risk of COINNEAL to the delivery address as advised by the Purchaser. The shipping costs are already charged to the Purchaser in the invoice. For logistical and fiscal reasons a delivery address, other than the invoicing, must be in the same country (or U.S. State) as the invoicing address. The shipment will be made via mail: Parcel Mail or EMS as per Purchaser's choice when entering the order online. Shipment to post boxes or poste restante (post to be called for) is not possible. Standard delivery: All orders will be delivered as quickly and efficiently as possible depending on product availability and all efforts will be made to ship the order in its entirety. For orders of more than 1 item: If one or some from the ordered products is not in stock and their delivery time would be unreasonably long, this/these product(s) will be delivered in addition to the first shipment of this order, without extra charge to the Purchaser of the shipping costs for the additional delivery. If the ordered products are in stock, COINNEAL aims for a shipment within 5 days from the receipt of a correctly completed order (excepting Saturdays, Sundays and public holidays as well as official company closure times). Indications of the anticipated  delivery time are not binding for COINNEAL as long as the delivery time has been not explicitly confirmed in the shipment confirmation as a binding one. Orders will be delivered only under the provision that all previous orders of COINNEAL goods have already been paid and that the total invoice amount has been received on our account. The Purchaser has to inform him-/herself on the import regulations in the Purchaser's country in regard to relevant customs and import duties and taxes and, where necessary, bear such duties and taxes.

 

6. Price

All prices in the www.coinneal.com webshop are to be understood as net, including the statutory Value Added Tax (VAT), in EURO (EUR) or US-Dollar ($ - exclusive tax), and are non binding and subject to alteration. "Old" prices are the sales prices, valid prior to the price change. Errors and omissions in prices are excepted. The billing is in EUR or US-Dollar. Purchaser from non-EC countries are not charged with Value Added Tax (VAT). The ordered products are delivered at costs and risk of COINNEAL to the delivery address, advised by the Purchaser, and the Purchaser is charged with the shipping costs.

Before the online finalisation of the order the Purchaser can choose the method of shipment and will receive information about the shipping costs. The shipping costs are also separately listed in the "confirmation of order receipt" and in the "shipping confirmation", sent by COINNEAL to the Purchaser via e-mail, as well as in the invoice.

 

7. Payment

The products from the www.coinneal.com webshop can be paid for by a credit card via PayPal (PayPal Europe Limited, Great Britain), against prepayment or - within Germany - by cash on delivery. Condition of sale: All products, delivered by COINNEAL to the Purchaser, remain the property of COINNEAL until the full payment for these products is received on the account of PayPal or COINNEAL.

 

8. Warranty

COINNEAL claims a warranty period as stipulated by law. Despite of thorough inspections it can happen that the Purchaser exceptionally receives a defective or damaged product, and a warranty repair or a warranty exchange of the product is necessary. In such case the product should be sent back to COINNEAL, and the problem should be described briefly on the Return Form, which is to be attached to the product. In order to proceed the warranty claim as fast as possible and to learn in advance the Purchaser's wishes concerning sales price reimbursement or product exchange, COINNEAL would request that the Purchaser informs COINNEAL in advance about the warranty claim via e-mail to: info@coinneal.com.

If the subsequent inspection of a product under warranty claim shows, that the defect and/or the damage of/to the product does not fall within the terms and conditions of the warranty (i.e. in case of misuse, external impact etc.), COINNEAL is entitled to return the product to the Purchaser and to charge the Purchaser for the incurred costs (i.e. costs for the product's inspection, shipping cost, etc.).

When the Purchaser's claim for a repair or an exchange of a product under warranty is deemed qualified, the repaired or exchanged product will be sent to the Purchaser without charge of the shipping costs or (in case of non-return of the product) the Purchaser's account will be reimbursed with the purchase price and the shipping costs for the initial delivery. COINNEAL is entitled to decline the correction and/or the exchange of the product and to grant a price reduction instead or (in case of considerable defects according to  the BGB (Civil Code) a product redemption and a reimbursement of the purchase price, when the correction or the exchange of the product is not possible or causes a disproportional high costs and efforts. The correction of a defect does not prolong the warranty period for this product. COINNEAL is not liable for defects, which are known or exposed to the Purchaser at the time of purchase (i.e. patent defects, seconds). There is also no warranty for defects, which are due to improper utilisation or operating error. If the Purchaser uses the product subsequently, despite of being aware of a reason for a warranty claim, this will be deemed to represent a waiver of the Purchaser's rights under warranty ex post facto, which sets COINNEAL free from all obligations in regard to the warranty for this product.

Damages in transit: If the Purchaser receives the parcel in a damaged condition, he ought to open it in front of the postman, inspect the completeness and the integrity of the parcel's contents and report any product damages immediately to the postman. Consumers are covered without restrictions by the legal warranty regulations of BGB (Civil Code) in conjunction with the provisions of the Consumer Protection Act.

 

9. Privacy and Security

The Purchaser's data will be used solely for the flawless processing of orders and payments and the optimisation of the products range of the www.coinneal.com webshop. COINNEAL does not disclose the Purchaser's data to a third party. An exception to this is that the data may be disclosed to business partners (i.g. other companies and individuals, contracted by COINNEAL for the fulfilment of various tasks, linked to the www.coinneal.com webshop function and improvement). Such business partners and tasks are i.e. mail, financial and insurance companies etc. These business partners are not entitled to utilise this information for other purposes and are bound to handle the information in accordance with the German Privacy Law.

 

10. Assignment and Set-Off

The Purchaser is not entitled to assign to third parties any claims arising from the sales contract. Furthermore the Purchaser is not entitled to offset payments due to COINNEAL by possible counter claims.

 

11. Copyright Clause

By accessing and using the web site www.coinneal.com the user accepts the copyright clause without any limitation and restriction. Thus the user's access to the web site www.coinneal.com is a subject to this copyright clause and all applicable laws and legal regulations.

 

12. General Clauses, Applicable Law

The place of performance of the entire www.coinneal.com webshop business is the location of the COINNEAL headquarters, the exclusive court of jurisdiction is the court competent for the location of the COINNEAL headquarters as stated below. The Purchaser is deemed to accept this by the completion of the order form. The Purchaser gives his/her explicit consent to the use of the necessary data, which is divulged to COINNEAL within the scope of business and which is required for the orders processing and the improvement of the www.coinneal.com webshop. All contracts are governed by German law. The UN Trade Law as well as all stipulations in conjunction with the UN Trade Law are explicitly excluded. In the event that any provision of these General Conditions Of Business is or becomes ineffective, or if the present content fails to provide regulation in a particular matter, the content will be replaced or complemented by some other adequate regulation, which will come as close to the business purpose of the intended or uncatered regulation as possible.

 

COINNEAL

c/o Friederike Kuhnt

Postfach 470406

12313 Berlin

Germany

 

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In case you have got any questions, ideas or constructive criticism of this project, or feel like you have found infringements of law, please informally contact COINNEAL via webmaster@coinneal.com.

The owner of this web site will attend to your concern as quickly a reasonably possible.  In this context it is explicitly stated that a law warning is not regarded as informal.

As can be read in a great deal of acticles in the newspapers, law warnings are often not send primarily with the intention to remedy infringements of law but instead abusing the law in order to secure profit.

Hence each warning will be examined and should the occasion arise be rejected by the lawyer of COINNEAL.  The consignor of the law warning will be charged with all incurring costs and the damages caused by it.  Moreover, the claimed fee itself is made concern of the law suit.

Because of a supposed common interest, all relevant details of the law suit including the personal data of the involved will be published in a press handout.

In order to avoid such a procedure, an informal message is recommended.  All serious inquiries are attended to as quickly as possible.