General Terms and Conditions
  • Applicability

    Vis-a-vis our customers, our General Terms and Conditions shall apply exclusively. Any terms and conditions deviating from these shall only apply if we give our express written or electronic consent to these. Our General Terms and Conditions shall also apply to all follow-up orders.

  • Ordering

    Orders from our customers must be in writing (e-mail, fax or letter). Oral orders shall be binding as an exception.

  • Order confirmation

    The customer receives a confirmation of his order. By this message, we first of all confirm that we have received the order and that the availability of the ordered articles is being examined. The dates of delivery that are given shall not be binding, but we try to keep them wherever possible. Other agreements must be mentioned specifically on the order confirmation. The purchase agreement shall not be entered into in a legally binding way until the shipment is sent. Any statements by our customers to the opposite shall not be part of the agreement.

  • Pre-Booking

    shall run for an indefinite period of time or until the pre-booking programme has been concluded, and may be terminated in writing at any time.

  • Prices, shipment

    The prices offered by us are understood in Indian Rupee (INR), unless stated otherwise, FOB Kolkata, India, without legal sales tax, and shall only be binding if at the time when the customer has accepted our offer the purchase prices from our suppliers have not risen. In the event of a price increase of more than 15% we reserve the right to rescind the contract or to adjust prices in agreement with the customer.

    Our customer shall bear the costs of shipping, insurance, customs duties, sales tax, and any other unforeseeable costs. These will be charged in addition when the goods are delivered, but may also be charged by separate invoice.

    Domestic dispatches will normally be done by India Speed Post or Local Domestic Couriers. Dispatches to the rest of the world will normally be done by India Speed Post or International Couriers, clearance through customs being normally be done by the customers at their end as per the prevailing rules of their own country. The cost of these services will have to be borne by the customers as per actual.

    Coins that have been sold out, have not yet released, or are temporarily unavailable when an order is placed, will be noted and delivered at the next opportunity, except where subsequent delivery is expressly excluded when ordering.

    If performance has only been in part, we may charge this separately to our customer.

  • Conditions

    We will send to customers in India, invoice payable within 7 days from the receipt of the invoice. Delivery will only be for payment in advance unless agreed otherwise. An advance payment of 100% is due when the order is placed. Precious metals are always due when the order is placed.

    If payment is made by credit card, it will normally be charged immediately before dispatch. Any handling charge by the card organization will be passed on to the customer.

    Our customer may only set off against claims that are uncontested or have been recognized by declaratory judgment. The same shall apply to any right of retention if the customer is a businessman. If this is not the case, the customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.

    Offers are valid for 7 days, FOB Kolkata, India, subject to prior sale, unless regulated otherwise.

  • Performance

    We will perform as long as stocks last. If the ordered goods are not available, we shall not be obliged to perform. We reserve the right to render equivalent performance in quality and price. We may render our performance in parts. As long as our customer has not paid at least part of our open invoices, we reserve the option not to render new performances. Our performance shall be deemed rendered when the goods have been dispatched to our customer.

  • Reservation of ownership

    We reserve ownership of our performance until full payment of our claims that are still open against the customer. Until then, the customer is not entitled to pledge our performance or transfer it as a security.

  • Defects

    Our customer shall examine our performance immediately after receipt i.e. within 3 days and notify us in detail and with photographs about any recognizable defects. The date relevant for keeping the time-limit shall be the date of receipt of the notice. Claims for defects shall first of all be limited to subsequent performance. Within the framework of subsequent performance we may carry out a number of subsequent deliveries reasonable for the customer.

    If the delivery of an item free of defects fails, our customer may at his discretion reduce the purchase price or rescind the contract. Our customer must not mend the defect himself and demand compensation for the necessary expenses.

    If admissible by law, claims from defects shall be subject to limitation within three months from the legal start of limitation unless the subject of the contract is the purchase of unused consumer goods.

  • Liability

    Following receipt of the returned goods, crediting of the price plus packaging and shipping charges to the bank/credit card account to be stated by the customer will be effected forthwith. In the event of a deterioration of the returned performance, we reserve the right to charge a suitable compensation. This shall not apply where the deterioration is exclusively due to the examination of our performance.

  • Certificate of authenticity

    We warrant the quality and authenticity of our performance.

  • Consumer's right of redemption

    If the customer is a consumer, he may (stating grounds) return the performance received by sending it back. The term shall start no sooner than upon receipt of the performance and this instruction. Dispatch in time shall be sufficient to observe the time-limit. The burden of proof for receipt and return in time shall rest with the customer. Return shall be at the expense and risk of the customer. We will accept shrink-wrapped and sealed goods only in the plastic foil / with undamaged seal.

    Return exclusively to:
    AG Impex, 1US Mani Towers, 31/41 Binova Bhave Road, Kolkata 700038, West Bengal, INDIA

    Following receipt of the returned goods, crediting of the price plus packaging and shipping charges to the bank/credit card account to be stated by the customer will be effected forthwith. In the event of a deterioration of the returned performance, we reserve the right to charge a suitable compensation. This shall not apply where the deterioration is exclusively due to the examination of our performance.

  • Data protection

    Customer data will be treated absolutely confidentially in accordance with the provisions of the Data Protection Act.

  • Governing law, venue, place of performance

    Indian law and the English language shall be authoritative exclusively. The legal venue and the place of performance shall be Kolkata, West Bengal, India.

  • Correspondence/written form

    All agreements shall require written form; this shall also apply to a waiver of written form. Any correspondence shall be directed at our domicile address in Kolkata, India.

  • Severability

    Should individual provisions of the agreement entered into with our customer on the basis of our General Terms and Conditions turn out to be ineffective, this shall not affect the effectiveness of the other provisions. Any provision that is invalid or unclear or impossible to implement shall be replaced / interpreted so that the economic purpose intended with it is reached. Gaps shall be filled in accordance with the intended economic purpose.

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