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General Sales Conditions (GSC)
1. Scope of application
1.1. These general terms and conditions of sale – online store (hereinafter, the General Terms and Conditions of Sale), in particular for numismatic coins, numismatic-related items, medals and precious metals of Numismatica Genevensis (hereinafter, Product(s)) apply to all orders placed and contracts concluded with you (hereinafter, Buyer(s) or you) via the online store https://shop.ngsa.ch (herein after, the Online Store).
1.2. The Online Store is operated by NUMISMATICA GENEVENSIS SA, a limited company incorporated under Swiss law, whose registered office is located at Rue François-Bellot 4, 1206 Geneva, Switzerland, and which is registered in the Commercial Register of the Canton of Geneva under the number IDE CHE-101.728.085 (hereinafter, Numismatica Genevensis or we).
1.3. The applicable version of the General Terms and Conditions of Sale is the version in force and online on the Online Store at the time the Buyer places his order.
1.4. By placing an order via the Online Store, the Buyer acknowledges that he or she has read, understood and accepted these General Terms and Conditions of Sale without reservation.
2. Registration
2.1. In order to access specific Products and/or place an order on the Online Store, the Buyer must first register and create a personal account. This account will allow the Buyer [to track their orders, manage delivery details and receive personalized services].
2.2. The Buyer must be at least 18 years old to create a personal account.
2.2.1. If you are accessing or using the Online Store on behalf of a company or entity, you represent and warrant that:
I. You are authorized to act on behalf of such company or entity and to bind the company or entity to these General Terms and Conditions of Sale;
II. You agree to these General Terms and Conditions of Sale on behalf of the company or entity;
III. Your company or entity is legally and financially responsible for your access to or use of the Online Store and for the access to or use of your account by others affiliated with your entity, including any employee, agents or contractors.
Numismatica Genevensis reserves the right to require, at any time, proof of your authority to act on behalf of said company or entity.
2.3. In the event of a breach of these General Terms and Conditions of Sale, Numismatica Genevensis reserves the right to block, suspend, terminate or delete, temporarily or permanently, the Buyer's account.
3. Ordering and contracting
3.1. The Products offered for sale on the Online Shop are not binding offers. Price and product ranges may be changed at any time.
3.2. To order the Product(s) in the shopping cart, the Buyer must log in to his/her account and correctly fill in the information required on the order page (including, but not limited to, home address, delivery address and selected payment method). The order is deemed to have been placed once the Buyer has clicked on the [Checkout] button. If the Buyer has chosen to pay by credit card, the Buyer will be redirected to a page to proceed with the payment and the order will be deemed to have been completed once the credit card payment process has been finalized and confirmed. Ordering a Product on the Online Store constitutes an offer to purchase in accordance with these General Terms and Conditions of Sale.
3.3. The Buyer will receive an order confirmation from Numismatica Genevensis at the email address provided by the Buyer during the order process, which will contain the details of the order. The Buyer acknowledges and agrees that this order confirmation in no way constitutes an acceptance of the Buyer's offer or a guarantee that the offer will be accepted.
3.4. Once the order confirmation has been generated, Numismatica Genevensis will verify the order. The Products included in the order are reserved in favour of the Buyer until acceptance or rejection of the order by Numismatica Genevensis, but for a maximum of three (3) working days.
3.5. The contract is deemed to have been concluded only once Numismatica Genevensis sends the Buyer an order acceptance to the email address provided by the Buyer. Numismatica Genvensis reserves the right to refuse to conclude a contract, at its sole and absolute discretion and without giving reasons. In particular, any order may be refused if Numismatica Genevensis has not received the amount of the order by the end of the three (3) working day period referred to in article 3.5 above, or if the order is contrary to the applicable legislation of the Buyer’s country of domicile and/or place of delivery.
3.6. Once acceptance of the order has been sent, the Products are shipped to the address indicated by the Buyer in the order process, or prepared for collection at our premises if this option has been chosen. A shipping confirmation or a collection invitation is sent to the Buyer’s email address.
4. Order Limits
4.1. Each order placed on the Online Store is limited to a maximum of twenty (20) Products. If a Buyer attempts to add more than 20 Products to their shopping cart, they will not be able to complete their order. [An error message will appear informing the Buyer that the order cannot be finalized and that he/she is invited to go directly to our premises or to contact Numismatica Genevensis.]
4.2. The total value of an order, i.e. the total price of the Products in the shopping cart, may not exceed [CHF 50,000]. If the order value exceeds this limit, the order cannot be finalized. [An error message will appear informing the Buyer that the order cannot be completed and that they are invited to go directly [to the store] or contact Numismatica Genevensis.]
4.3. Buyers who encounter order limitations are welcome to contact or visit our premises, where our staff will be happy to assist them in completing their purchase, provide additional information and answer any questions they may have.
4.4. Numismatica Genevensis reserves the right to modify order limitations, at its sole and absolute discretion. Any changes will be communicated through the Website or other channels.
5. Prices
5.1. In General
5.1.1. The prices shown on the Online Shop are in Swiss francs (CHF) and include Swiss Value Added Tax (VAT) where applicable.
5.1.2. The prices of the Products indicated on the Online Store are subject to change without notice. Numismatica Genevensis reserves the right to change prices based on various factors, including fluctuations in the financial market. The prices displayed on the Online Store at the time of the order are considered to be the current prices applicable to the transaction.
5.1.3. Additional costs, such as packaging, delivery, and transport insurance costs, are indicated separately in the order and on the invoice, and are invoiced additionally to the Buyer.
5.1.4. The Buyer acknowledges and agrees that additional charges may apply, including customs fees, handling fees, or any other applicable taxes in the country of delivery, over which Numismatica Genevensis has no influence. The Buyer acknowledges and agrees that these fees and taxes shall be borne by him/her.
5.2. Delivery Costs
5.2.1. In General
The delivery costs for shipped Products are determined according to the total price of the Products in the order, according to a schedule established by Numismatica Genevensis. Numismatica Genevensis may, at its sole and absolute discretion, change the schedule and amount of delivery costs.
5.2.2. Delivery to Switzerland and Liechtenstein
The following schedule applies:
- CHF 50 for orders less than CHF 50,000 weighing 9 Kg or less.
- For orders over CHF 50,000, delivery costs will be calculated on the basis of spontaneous offers.
5.2.3. Delivery within the European Union
The following schedule applies:
- CHF 50 for orders less than CHF 50,000 weighing 9 Kg or less.
- For orders over CHF 50,000, delivery costs will be calculated on the basis of spontaneous offers.
5.2.4. Delivery within EEA Countries (excluding Liechtenstein and the European Union)
The following schedule applies:
- CHF 50 for orders under CHF 50,000 weighing 9 Kg or less.
- For orders over CHF 50,000, delivery costs will be calculated on the basis of spontaneous offers.
5.2.5. Other Countries
The following schedule applies:
- CHF 100 for orders under CHF 50,000 weighing 9 Kg or less.
- For orders over CHF 50,000, delivery costs will be calculated on the basis of spontaneous offers.
5.3. Transport Insurance
All delivered Products are insured during transport. This insurance covers loss, damage, and theft of the Products during transport. Transport insurance costs are already included in the delivery costs.
5.4. Price Negotiation 5.4.1.
Numismatica Genevensis acknowledges that certain circumstances may justify the negotiation of the price of the Products and/or the delivery costs. Buyers wishing to discuss alternative pricing are encouraged to contact Numismatica Genevensis directly. Numismatica Genevensis may, in its sole and absolute discretion, consider and negotiate price and delivery adjustments on a case-by-case basis.
5.4.2. Any negotiation of price and/or delivery costs shall be subject to a written agreement between the Buyer and Numismatica Genevensis, signed by both parties. Any oral agreement or settlement discussion that is not confirmed in writing shall not be binding on Numismatica Genevensis. These General Terms and Conditions of Sale apply unreservedly and by analogy to this agreement.
6. Payment
6.1. In general
6.1.1. Subject to Articles 4.3 and 6.1.2, the means of payment accepted by Numismatica Genevensis are (I) bank transfer and (II) payment by credit card (VISA and MasterCard). Payments must be made in Swiss francs (CHF) (effective currency).
6.1.2. Numismatica Genevensis may refuse to offer payment methods without giving reasons.
6.1.3. If, for any reason, the amount of the order cannot be collected in full, we reserve the right to cancel the order. The Buyer will be informed of the cancellation via the email address provided during the order process.
6.2. By submitting the payment method information, the Buyer represents and warrants that they have the legal authority to use the payment method used for payment.
6.3. Payment by credit card
All credit card payments must be made at the time of the order process. Funds corresponding to the amount of the order will be temporarily blocked. If Numismatica Genevensis accepts the order, the blocked funds will be debited from the credit card and transferred to the Numismatica Genevensis account. If the order is declined, the funds will be released and no fees will be incurred.
6.4. Payment by bank transfer
6.4.1. In case of payment by bank transfer, the full amount of the order must be credited to the Numismatica Genevensis account no later than three (3) working days after the order confirmation is issued. All bank charges and commissions are at the Buyer’s expense. Payment must be made from the Purchaser’s bank account.
6.4.2. If Numismatica Genevensis refuses the order, any funds already paid for this order will be refunded to the Buyer within [ten (10)] days of the communication of the refusal to the Buyer. All fees and costs related to the refund are borne by the Buyer.
6.5. Processing of payment data
By ordering a Product from the Online Store, the Buyer acknowledges that Numismatica Genevensis may use the payment information in accordance with its data protection policy, available **[here]**, including, but not limited to, the transmission of such information to third parties for the purposes of payment processing. The Buyer acknowledges and agrees that Numismatica Genevensis is in no way responsible for the security of the payment information provided in connection with an order when such information is under the control of the third party. The Buyer acknowledges that Numismatica Genevensis may carry out credit checks and anti-fraud controls regarding the Buyer and the selected payment method, in accordance with Numismatica Genevensis' data protection policy.
6.6. No compensation
The Purchaser may not set off any claims against Numismatica Genevensis.
7. Delivery and collection
7.1. In general
Depending on the circumstances, the Buyer has the choice between having their order delivered to the address indicated on the order confirmation or to collect it directly from Numismatica Genevensis in Geneva, Switzerland.
7.2. Numismatica Genevensis may make partial deliveries at its sole and absolute discretion. The Buyer will be informed, if necessary, at their email address provided during the order process.
7.3. Order delivery
7.3.1. The Product is delivered to the address indicated in the order confirmation, by a transport company mandated by Numismatica Genevensis or by the Swiss Post. The order may only be delivered to the Buyer personally or to a person duly authorized by the latter and holding a proxy.
7.3.2. In the event of an unsuccessful delivery, for any reason whatsoever, a second delivery date will be set by the carriers with the possibility for the Buyer to request the setting of another date.
7.3.3. If the Buyer unjustifiably refuses the Products or in the event of a second unsuccessful delivery, the Products will be returned to Numismatica Genevensis. The latter may, if necessary, terminate the contract and invoice the Buyer for the delivery costs incurred, an administrative fee of [20%] of the total value of the order, but at least [CHF 75.-], as well as any loss in value of the products ordered.
7.4. Failure to deliver
The information provided on the Online Store regarding availability and delivery times does not constitute binding or guaranteed delivery dates. Delays in delivery do not entitle the Buyer to refuse the product or to claim damages. The Buyer is only entitled to withdraw from the contract if Numismatica Genevensis is responsible for the delay in delivery.
7.5. Picking up the order
7.5.1. In the event of collection at the premises of Numismatica Genevensis, the order may only be collected by the Buyer personally or by a person duly authorized by the Buyer and holding a proxy. The Buyer, or the duly authorized person, must present an identity document (passport or identity card).
7.5.2. If the Buyer or the person duly authorized by the Buyer does not collect the order from the store within thirty (30) days from the issuance of the collection invitation, Numismatica Genevensis reserves the right to charge the Buyer additional fees and/or terminate the contract.
8. Countries and territories of domicile and delivery
Numismatica Genevensis only sells its Products to Buyers with a domicile, residence or registered office address as well as a delivery address in an eligible country and/or territory. A list of ineligible countries and/or territories is available on the Online Store, here. It is the Buyer’s responsibility to check that the address of domicile, residence or registered office address and the delivery address are not included in the list of excluded countries and territories.
Any order for which the Buyer's domicile, residence or registered office address or delivery address is in an excluded country or territory will be refused. Any payment made by the Buyer shall, where applicable, be refunded to the Buyer in accordance with Articles 6.3 and 6.4.
9. Transfer of risk and ownership
The risks associated with the Product(s) pass to the Buyer as soon as the Product(s) is (are) handed over to the transport provider or the postal service, or as soon as the Product(s) is (are) collected from the premises of Numismatica Genevensis by the Buyer [or the person duly authorised by him]. In the event of unsuccessful delivery, the risks associated with the Product(s) pass to the Buyer from the first unsuccessful delivery attempt.
The Products remain the property of Numismatica Genevensis until the order acceptance is issued by Numismatica Genevensis. Prior to the transfer of ownership, pledging and transfer by way of security are strictly prohibited without the express prior consent of Numismatica Genevensis; Numismatica Genevensis reserves the right to register a reservation of ownership (retention of title agreement) in any public register with the competent debt enforcement office.
10. Cancellation and return
10.1. Products subject to financial market fluctuations
The price of the Products is subject to fluctuations in the financial market, over which Numismatica Genevensis has no influence, and any right of withdrawal is therefore expressly excluded.
Numismatica Genevensis may, however, at its sole and absolute discretion, accept an order cancellation and offer a right of return against reimbursement. If Numismatica Genevensis accepts a return, the return must be made within 15 working days from the date of receipt by the Buyer of the confirmation of acceptance of the return. After this period, the return will be automatically refused. Numismatica Genevensis reserves the right, where applicable, to charge cancellation fees of [20]% of the total amount of the cancelled order, but at least [CHF 75.-], as well as any possible loss in value of the Product cancelled since the order was placed.
The Buyer bears the risks and costs (in particular shipping costs) of returning the Product.
10.2. Products not subject to financial market fluctuations
The Buyer bears the risks and costs (in particular shipping costs) of returning the Product.
10.3. Cancellation by Numismatica Genevensis
Numismatica Genevensis reserves the right to cancel an order at any time prior to the scheduled delivery date, without giving reasons and without any liability to the Buyer. Any amount paid by the Buyer under the contract will be refunded, subject to set-off against any claims Numismatica Genevensis may have against the Buyer.
If the order is cancelled because the delivery of the Product is compromised or is likely to violate, in any way, the applicable laws due to inaccurate information provided by the Buyer, a cancellation fee of [40%] of the order price, but at least [CHF 200.-], will be charged to the Buyer. Numismatica Genevensis cannot be held responsible for any legal consequences or additional costs incurred. The Buyer acknowledges and agrees that such consequences are its sole responsibility and undertakes to indemnify, hold harmless and defend Numismatica Genevensis against any damages, losses, liabilities and/or claims arising out of or in connection with the Buyer's breach of its obligation to provide accurate information and to ensure its accuracy.
11. Liability
The liability of Numismatica Genevensis is excluded to the fullest extent permitted by law.
In particular, Numismatica Genevensis cannot be held liable under any circumstances, regardless of the cause (contractual, tort or otherwise), for slight negligence, direct and/or indirect damages (including, but not limited to, loss of profit, economic losses or claims of third parties) related to the Product(s) or due to a delay in delivery, or for any act or omission of Numismatica Genevensis' auxiliaries.
The disclaimer in the Terms of Use (see Article 13) does not apply to the sale of Products via the Online Store.
13. Use of the Online Store
The use of the Online Store is also subject to the terms of use of the Numismatica Genevensis website (hereinafter, the Website), available at: https://shop.ngsa.ch.
14. Data protection and security
14.1. Data protection and data security are a top priority for Numismatica Genevensis. Numismatica Genevensis processes the Buyer's personal data in accordance with its data protection policy, available here.
14.2. By accessing the Website and/or placing an order via the Online Store, you declare that you are aware of the current version of the data protection policy.
15. Advertising
We may, from time to time, send you advertising material, including by electronic means, such as electronic newsletters and advertising emails. If you do not or no longer wish to receive advertising material from us, you can inform us in writing at the address given in Section 20.1 or by e-mail at boutique@ngsa.ch. In addition, you can unsubscribe from our email newsletters and/or advertising emails at any time via the link in each email newsletter and/or advertising email or by email to the following address boutique@ngsa.ch.
16. Force majeure
In the event of a strike, lockout, disruption of activity, natural disasters, war, epidemics, pandemics, accidents or similar circumstances affecting Numismatica Genevensis' activity and which make the delivery of the Products impossible or unreasonable, Numismatica Genevensis reserves the right to cancel the order without incurring liability. Numismatica Genevensis will inform the Buyer immediately, if necessary.
17. Modification of the General Terms and Conditions of Sale
17.1. Numismatica Genevensis reserves the right to modify these General Terms and Conditions of Sale at any time and at its sole and absolute discretion. This right includes the right to modify, add or remove terms from the provisions of the General Terms and Conditions of Sale. You will be informed of these changes by any appropriate means, such as by posting the Terms and Conditions of Sale on the Website and the Online Store.
17.2. All changes will be effective as soon as they are published on the Website and the Online Store.
18. Survival
If any provision of these Terms and Conditions of Sale is or becomes invalid, void or ineffective, the validity of the remaining provisions or parts of such provisions shall not be affected. Any invalid, void or ineffective provision shall be enforced to the fullest extent permitted by applicable law or replaced by a provision that is as close as possible to the provision it replaces.
19. Applicable law and place of jurisdiction
19.1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with Swiss law, excluding conflict-of-law rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
19.2. Any dispute arising out of or in connection with these General Terms and Conditions of Sale shall be subject to the exclusive jurisdiction of the courts of the city of Geneva, subject to appeal to the Swiss Federal Court. Numismatica Genevensis reserves the right to initiate proceedings at the place of the Buyer's domicile or habitual residence [or registered office].
20. Contact
20.1. Numismatica Genevensis is a limited company incorporated under Swiss law, with its registered office at Rue François-Bellot 4, 1206 Geneva, Switzerland.
20.2. If you have any questions about these General Terms and Conditions of Sale, you can contact us by e-mail at boutique@ngsa.ch, by telephone at +41 22 320 46 40 from Monday to Friday, from 9:00 a.m. to 6:00 p.m. or in writing at the address given in section 20.1.
Version 1.0 : 06.06.2024