Terms of sale Agora Numismatiek
1. Scope of terms
Offerings, orders, deliveries and services performed are exclusively effected according to the following conditions.
2. Conclusion of the contract
a) Any offering by Agora Numismatiek is without warranty. The statements made, digital as well as in print, in catalogues, pricelists and on the website such as those pertaining to measures, weights, quality, origin and age are researched with great care, however, may only be of an approximate nature and without warranty by Agora Numismatiek.
b) By placing an order, the customer makes a binding commitment with the intention to acquire the ordered merchandise. Agora Numismatiek is entitled to accept the order within two (2) weeks after its receipt. The acceptance agreement of Agora Numismatiek is made digitally by email or in writing by delivery of the merchandise to the customer.
3. Rescission and return with distance sales contract
a) The customer has the right to revoke his intention to enter into the contract within two weeks following the receipt of the merchandise. The return of the merchandise does not require any substantiation and is indicated to Agora Numismatiek in writing or simply by the return of the merchandise.
b) In the event that the merchandise is dispatched by parcel, the customer is obliged to return the merchandise when exercising the right of rescission. The costs of the return, when exercising a right of rescission, are borne by the customer unless the merchandise delivered does not correspond to that which was ordered.
c) The customer must incur the cost associated with any damage to the merchandise while in his possession. The customer should carefully check the merchandise upon it's receipt. Any diminishment of the value of the merchandise is the responsibility of the customer.
d) A right of rescission is not applicable in instances where the merchandise has been customized in accordance with the customer’s specifications. Customization might encompass cleaning, renovation, mounting etc.
e) The return of the merchandise by the customer to Agora Numismatiek in the event of a justifiable rescission must be effected with the same or the same sort of packaging and by the same method of dispatch as when originally received from Agora Numismatiek. Expenses arising from certain mailings, such as "express mailings" or those involving customs fees, are not the responsibility of Agora Numismatiek. Similarily additional expenses arising from the dispatch of the merchandise to a place other than the adress given by the customer is not the responsibility of Agora Numismatiek.
4. Prices and terms of payment
Deliveries are only made against prepayment; payment is due within 10 calendar days of the date of the order confirmation. The invoice will be delivered simultaneously with the merchandise. Following the expiration of the payment deadline, the customer will be considered in arrears and thereafter must pay an annualized interest amounting to 10 % above the ECB's base interest rate. An additional percentage penalty may apply upon Agora Numismatiek’s presentation of proof demonstrating a greater damage caused by the payment delay.
5. Transfer of risks
The delivery is made to the address provided by the customer. The risk is transferred as soon as the merchandise is delivered to the customer or its assignee. The customer must examine the merchandise packaging immediately upon it's receipt in order to determine wether there is any damage, evidence of which must be noted on the accompanying shipping documents.
6. Liability provision regarding material damage and defects of title
a) Agora Numismatiek assumes the responsibility for any defects of merchandise in accordance with its warranty by means of repair or replacement of merchandise. Claims of defective merchandise and/or contract must be made within 2 months of the delivery of the merchandise.
b) If the compensatory performance cannot be implemented within the prescribed term, the customer may – following a further deadline to be determined – withdraw from the contract or reduce the purchase price. In the event of a minor infringement of a contract, in particular in the case of minor defects to the merchandise, the customer is not entitled to make use of his right of withdrawal.
c) The customer must examine the merchandise immediately upon delivery and must give written notice of the perceived defects within two weeks of receipt; otherwise, any claims of deficiency in title are disallowed. In the event the defect cannot be immediately identified upon delivery, it must be noted and claimed when it is recognized and within the prescribed two-week time frame; otherwise, the deficiency in title claim shall be disallowed. The customer must provide full evidence that his claim is justified; in particular, the defect itself.
d) Statements regarding quality often deviate within the industry and hence no defect exists in such statements.
7. Authenticity and warranty
Agora Numismatiek warrants that the merchandise is authentic. However, there is no guarantee in place for any warranted properties in the sense of articles 7.18 BW and 7.21 BW of the Dutch Civil Code. The description and presentation of the merchandise as presented in any form of advertising – be it digital, verbal or in print – is without guarantee.
8. Retention of title and default of payment by the customer
The merchandise delivered remains the property of Agora Numismatiek until all aspects of the contract have been fulfilled.
In the event of any customers conduct is in violation of the contractual terms, in particular failure to pay or non-compliance with other legal obligations, or, in the event of the customer's insolvency or financial collapse, Agora Numismatiek may withdraw from the contract and/or may repossess the merchandise delivered and retain title.
A customer may not claim that his own contract for the merchandise with a third party mitigates his contract with Agora Numismatiek. Furthermore, the customer must not represent to a third party that he holds title to the merchandise unless he already has perfected his title claim with Agora Numismatiek.
9. Limitation of liability
Agora Numismatiek is fully liable only for negative intent and gross negligence; for physical harm to life, to body or to health even in negligence of duty.
With lesser negligence, Agora Numismatiek is liable only for financial losses including loss of profit in such cases, where obligations have not been fulfilled as reasonably expected by the customer. The amount of liability in such an event is limited to the foreseeable in the sense of article 7.509 BW of the Dutch Civil Code and to matters not manageable by the customer.
10. Data protection
The customer consents to the processing and storage of personal data in the course of concluding a purchase contract. Agora Numismatiek doesn’t share personal data of clients with anyone, with the exception of possible courier services as to conclude the purchase contract.
11. Place of performance and venue
Place of performance shall be the main office of Agora Numismatiek in Woerden, the Netherlands.
The Court of Amsterdam shall be the exclusive venue for all legal disputes arising out of this contract. However, Agora Numismatiek is equally entitled to sue before the competent court of the customer.
Dutch law regulates all legal relations between the parties when Agora Numismatiek is one of said parties, even when a contract is completely or partly executed abroad, or if one of said parties has its domicile abroad. The regulations as agreed in the 1980-United Nations Convention on Contracts for the International Sale of Goods are ruled out and not applicable. If the correspondence is in a foreign language, or, if documentation or references are written in a foreign language, in the event of doubt, the Dutch language is exclusively applicable.
Only the Dutch version of these terms and conditions is valid.
Should one or several clauses of these terms and conditions or a clause of a supplementary agreement be or become invalid, the effect of the remaining clauses shall not be impaired. Invalid or missing clauses shall be replaced by effective ones that come closest to the intended purpose or shall be replaced by the relevant official legal regulations.
These terms of sale have been deposited by the Dutch Chamber of Commerce in Amsterdam.
The last deposited version is always applicable, or the version as it was deposited at the time when the legal relations with Agora Numismatiek came about.