Terms and Conditions

TERMS AND CONDITIONS FOR NUMISMATIC FINE ART

Welcome to Numismatic Fine Art and our website and shop at www.numismaticfineart.com (“our website”). These Terms and Conditions (these “Terms”) (together with the documents referred to on it) governing the use of our website (Part I Terms of Use) and tell you the terms and conditions on which we sell you our merchandise and antiques on our website (“Products”) (Part II Terms of Sale). If you participate in our Auctions, please refer to our Terms of Service.

Please read these Terms carefully before ordering any Products. Please understand that by ordering any of our Products, you agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to order any Products from us.

1. ABOUT US

   1. We are Numismatic Fine Art GmbH, Schwalbenstrasse 19, 8623 Wetzikon, Switzerland (“Numismatic Fine Art”, “we”, “us”, “our”).

   2. To contact us, please use info@numismaticfineart.com.

   3. These Terms were last updated on Tuesday, 5th of September, 2024.

   4. The following also apply to these Terms and form an integral part of these Terms:

      1. our Privacy Policy;and

      2. our Cookie Policy.

PART I TERMS OF USE

2. COPYRIGHT

   1. All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together “Content”), is owned by Numismatic Fine Art, its licensors, vendors, agents, and/or its Content providers.

   2. You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.

   3. You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.

   4. Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms, the use of any such material on any other mobile application, website, or online service is prohibited.

   5. You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Numismatic Fine Art or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.

3. ACCURACY

We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

4. YOUR INFORMATION

   1. When you provide information about yourself to us, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current.

   2. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.

5. YOUR USE OF OUR WEBSITE

   1. You may use our website only for lawful purposes. You may not use our website:

      1. in any way that breaches any applicable local or international laws or regulations;

      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

   2. You also agree:

      1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these Terms; and

      2. not to access without authority, interfere with, damage or disrupt:

         1. any part of our website;

         2. any equipment or network on which our website is stored;

         3. any software used in the provision of our website; or

         4. any equipment or network or software owned or used by any third party.

6. TERMINATION OF THIS AGREEMENT

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms, for any reason including but not limited to for your violation of these Terms; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.

7. ACCESS TO THE WEBSITE

   1. We do not guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.

   2. We may suspend, withdraw, discontinue, or change all or any part of the website without notice.

8. OUR RESPONSIBILITY

   1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

   2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

   3. The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9. DATA PROTECTION

We fully respect the privacy of individuals who access and use the website. Your personal data will be collected and used to fulfill necessary contractual obligations outlined in these Terms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookie Policy.

PART II TERMS OF SALE

10. ELIGIBILITY

By placing an order through our website, you warrant that:

1. 1. 1. you are legally capable of entering into binding contracts; and

      2. you are at least 18 years old.

11. HOW THE CONTRACT IS FORMED

    1. Your order constitutes an offer to us to buy a Product.

    2. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted.

    3. All orders are subject to acceptance by us.

    4. The contract between us (“Contract”) will only be formed when we dispatch the Product.

12. WHEN ORDERS ARE NOT ACCEPTED

    1. While we do our best to always accept Orders, we can refuse an Order if:

       1. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;

       2. we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description or the Products are out of stock or no longer available.

    2. If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.

    3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

13. PRODUCTS DESCRIPTIONS

    1. We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.

    2. We also reserve the right to modify the information about the Products including their prices, description and availability. However, such changes will not affect Orders accepted by us.

    3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

14. PRICE AND PAYMENT

    1. The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.

    2. Product prices and delivery charges are liable to change at any time, but changes will not affect already dispatched Orders.

    3. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

    4. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

    5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

15. CHARGEBACK

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.

16. CANCELLATION

    1. We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted such as if there is an event beyond our control, or we are unable to supply the Products.

    2. If we cancel your Order we will contact you and refund you any money you have already paid for such Products.

    3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

17. RIGHT TO CANCEL (SWITZERLAND)

Switzerland consumers have no statutory right of return or exchange. We may in our sole discretion permit returns and exchanges akin to the rights granted to EU consumers, however we only do so on a case by case basis. If you are a consumer in Switzerland and wish to return or exchange a Product, please contact us.

18. RIGHT TO CANCEL (EU ONLY)

    1. Under the EU’s consumer rights laws, consumer buyers have a cooling off period of 14 “working days” during which you are entitled to cancel your purchase if, for any reason, you decide you no longer want the item from the date the contract is concluded (i.e., the date we send our Order Confirmation email). We will respond to all requests within 5 working days.

    2. In order to rely on your right to cancel, you must return your Products within 14 days of Purchase, the Products must be:

       1. returned as was/ as new (in their original packaging, in a re-sellable condition, complete and as purchased);

       2. accompanied by a valid proof of purchase; and

       3. returned to us within 14 days of purchase.

    3. To initiate a return please simply contact us.

19. DAMAGED OR DEFECTIVE PRODUCTS

    1. If you have received a damaged or defective Product, please contact us within 7 days of delivery and attach pictures of the damaged item so that the damage can be checked.

    2. Please do not dispose of the item until you have heard back from us. No complaint can be considered unless clear proof can be given that the Product(s) are faulty or damaged.

    3. We will respond to all complaints within 5 working days.

20. FORGERIES AND COUNTERFEIT GOODS COMPLAINTS

    1. Forgery is a crime that generally consists of the false making or material alteration of a legal instrument with the specific intent to defraud.We agree not to deliver Forgeries to you under the terms of a contract.

    2. Counterfeit products are fakes or unauthorized replicas of the real product. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product. We agree not to deliver Counterfeit Goods to you under the terms of a contract.

    3. You agree to immediately notify us if you become aware that we have delivered Counterfeit Goods or suspected Counterfeit Goods.

    4. In the event that a Product delivered constitutes or includes Counterfeit Goods, we agree to, at our expense, to promptly replace such goods with genuine goods conforming to the requirements of the Order.

    5. Notwithstanding any other provision in these Term, we will be liable for all reasonable costs relating to the removal and replacement of Counterfeit Goods, including without limitation your costs of removing Counterfeit Goods, and replacement and of any testing necessitated after Counterfeit Goods have been exchanged.

    6. You agree to support us in any investigation to support resolution of any such suspect or affected Goods. We may require you to have expert opinions prepared by two independent experts recognized in this field.

    7. Where any matter in relation to a Counterfeit Good or suspected Counterfeit Good is to be determined by an Expert, the matter shall be referred at the instance of either Party to a mutually selected independent third parties.

    8. Any Expert to whom a reference is made shall act as an expert and not as an arbitrator and shall be entitled to appoint such technical expert or experts as he/she considers necessary to assist him/her in determining the matter referred to him/her. The decision of the Expert shall be final and binding on the Parties.

    9. Each Party shall provide any Expert with such information as he/she may reasonably require for the purposes of his/her determination.

    10. In the event of justified notices of Counterfeit Goods, your claims shall be limited to the reimbursement of the purchase price paid (incl. VAT) against the handover of the Counterfeit Good to us. The remedies contained in this paragraph are the sole remedies you may have at law, equity or under other provisions of the Contract.

21. RISK AND TITLE

    1. The Products will be at your risk from the time of delivery.

    2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

22. SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS

    1. We reserve the right to change, limit or terminate any special offers, discounts, and promotions at any time without notice.

    2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions which are hereby expressly incorporated into these Terms.

    3. We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.

23. OUR RIGHT TO VARY THESE TERMS

We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page.

24. WARRANTY

    1. We warrant to you that any Product purchased from us through our website will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

    2. We will at our option replace or refund the price of Products which you notify us are defective.

    3. This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorized by us.

25. OUR LIABILITY

    1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    3. We do not in any way exclude or limit our liability for:

       1. death or personal injury caused by our negligence;

       2. any breach of the legal terms to title and quiet possession;

       3. any breach of the legal terms to satisfactory quality, fitness for purpose and description; and

       4. any breach of the legal terms to defective products.

26. COMMUNICATIONS BETWEEN US

    1. When we refer, in these Terms, to “in writing”, this will include email.

    2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.

    3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.

    4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, or 24 (twenty-four) hours after an email is sent.

    5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

27. EVENTS OUTSIDE OUR CONTROL

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

       1. strikes, lock-outs or other industrial action;

       2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

       3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

       4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

       5. impossibility of the use of public or private telecommunications networks; and

       6. the acts, decrees, legislation, regulations or restrictions of any government.

    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

28. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these terms and conditions to another organization, but this will not affect your rights or obligations under these Terms.

    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

    4. These Terms and any document expressly referred to in it constitutes the entire agreement between us. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions or any document expressly referred to in it.

    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    6. Each of the conditions of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of Switzerland. In the event of any such disputes or claims in connection with these terms and conditions, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Zurich.

PART III Shipping and Returns Policy

Welcome to Numismatic Fine Art and our website and shop at www.numismaticfineart.com (our “website”). This policy applies to all purchases you make from Numismatic Fine Art GmbH of Schwalbenstrasse 19, 8623 Wetzikon, Switzerland (“Numismatic Fine Art”, “we”, “us”, “our”) through our website. It is your responsibility to familiarise yourself with this policy.

By placing an order for any of our products, you represent that you have read this policy and that you agree to and fully accept the terms of this policy. If you do not agree with or fully accept the terms of this policy, please do not place an order with us.

If you have any questions or comments on this policy, please contact us using info@numismaticfineart.com or call us on +41 7880 12378.

DELIVERY

All orders will be processed and shipped (only insured and registered) as soon as possible, usually within 24 hours. Once we have handed your order over to our courier (Swiss Post), you will receive a shipping confirmation by email. Orders placed on a Saturday, Sunday, or public holiday will not be dispatched until the next working day. Shipping with FedEx can be arranged by prior arrangement. If an export license has to be issued, it will, of course, take longer.

DELAYS

If we are experiencing a high volume of orders or are due to operational arrangements away or unavailable, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. We do not ship on Saturday, Sunday, or local/public holidays.

SHIPPING AND INSURANCE COST

Shipping, insurance costs, and all auxiliary fees in relation thereto are borne by you.

IMPORT DUTIES AND TAXES

If you order goods on our website for delivery overseas, additional import duties and taxes may apply and will be charged once the order reaches the specified destination. Any additional charges for customs clearance should be borne by you. We have no control over these charges and cannot predict what they will be. If these charges are not paid, your order may be returned to us and we will not be able to refund the shipping charges.

There may also be charges for returning your order, which will be deducted from any refund amount. In certain situations, your order may be destroyed by customs if duties and taxes are not paid. In this case, we will not be able to refund the product or shipping charges for these reasons.

Please note that there may be restrictions on shipping to you in relation to certain items and order value. You may also be required to provide certain documentation to clear your order when it arrives in your destination country. This may vary from country to country, and we encourage you to check with your local customs office for further information before placing your order. We cannot refund any shipping costs if your order is returned for any of these reasons.

RISK OF LOSS

All items purchased are delivered under a shipping contract with our courier. This means that the risk of loss and title for these items passes to you upon delivery of your order to our courier. If you have not received your order within 25 working days of the dispatch date, please contact us. We ask that you contact us as soon as possible and within 45 days of placing your order. If you contact us outside of this time frame, we will not be able to track your order.

MY DELIVERY IS DAMAGED, WHAT CAN I DO?

The purchased items are to be inspected immediately upon receipt. If you have received a damaged item, please email us within 7 days of delivery and include pictures of the damaged item so that the damage can be verified. Please do not dispose of the item until you have heard back from us. A claim can only be considered if it can be clearly shown that the item(s) are faulty or damaged.

CHANGES AND ORDERS PLACED IN ERROR

If you have placed an order in error or you have made a mistake when placing the order, you must contact our customer service team as soon as possible within one hour of placing the order so that we can amend or cancel the order before it is dispatched. If your order has already been dispatched, we cannot amend or cancel the order until you have returned it to us.

CHANGE OF ADDRESS

We cannot change or update a shipping address once an order has been shipped. Please check your shipping details before submitting your order and email us before your order is dispatched if you wish to change your address.

REFUSE DELIVERY

If you have refused delivery or plan to refuse delivery of your order because you wish to cancel it, please contact us.

ORDERS RETURNED TO US

If your order is returned to us due to multiple failed delivery attempts, non-collection, or an insufficient or wrong address, we cannot refund any delivery charges.

RETURNS

Before requesting or arranging a return, please read the following information carefully. You can return any delivered products you have purchased for any reason within 14 days of delivery, as long as the item is in the same condition as when purchased.

To do so, you should notify us in writing by email or post within 7 days of delivery. If you are returning a product for any reason, other than damaged products, you should pay the cost of returning the product(s) to us.

There will be a 10% restocking fee on all returned coins.

WHEN WE DO NOT ACCEPT RETURNS

We do not accept returns if the product(s):

• has been opened,

• damaged,

• altered or

• adapted or treated as your property.

While in your possession, you should keep the product(s) you wish to return to us unopened and in good condition. The product(s) should be returned in the same condition in which it was delivered.

The return of coins in “slabs” is excluded as soon as the slab is opened.

HOW TO RETURN

Please ensure that returned products are well packed to avoid damage or loss of parts during transit and ship them to the address shown below. Refunds may be reduced for returned products that can no longer be sold as new because they have been opened, damaged, or show signs of wear and tear.

For returned products worth more than CHF50, it is advisable to use a trackable shipping service or take out shipping insurance. We cannot guarantee that we will receive your returned product.

RETURN POLICY

To receive a full refund, the product should be:

29. in its original packaging,

30. be in a resalable condition,

31. be complete and as purchased,

32. accompanied by a valid proof of purchase, and

33. be returned to us within 14 days of purchase.

REFUNDS

Refunds will be processed within 7 days and made to the payment method used at the time of purchase. For currency conversions, refunds will be made in the currency in which you paid for the order. We accept no responsibility for any loss or gain arising from changes in exchange rates between the time of order and the time of refund.

LATE OR MISSING REFUNDS

If you have not received a refund within 14 days of us notifying you that your refund has been issued, please double check your bank account, and contact your bank or credit card company. If you have done all this and still have not received your refund, please contact us.

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you, please contact us by email using info@numismaticfineart.com or call us on +41 7880 12378.

CHANGES

The first version of this policy was issued on Saturday, 7th of September 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.