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General Terms of Business (Terms of Sale, Delivery and Payment); version 1 January 2002

1. General:

All deliveries to our customers (hereinafter: the Orderer) shall be subject exclusively to our terms of sale, delivery and payment. We hereby reject any contrary conditions set by our customers. Any agreements deviating from our terms of business must be in writing.

2. Offer and catalogue information:

3. Price:

Prices are quoted gross, in Euro, ex warehouse in Hessisch Oldendorf.

4. Delivery:

Deliveries shall always be for the account and the risk of the Orderer. We charge a flat rate for delivery of merchandise. In the case of deliveries to addresses abroad, we shall charge the Orderer costs estimated for the delivery. We provide transport insurance only within the scope of the package insurance offered by Post AG. We do not accept any further liability.

5. Payments:

Delivery will be undertaken only against pre-payment by remittance into our account number 6601, at Sparkasse Weserbergland, BLZ 254 501 10, by credit card, Paybox or Paypal.

6. Retention of Title:

We retain ownership of the delivered merchandise until payment of all our claims against the Orderer, including until any remittance has been cashed. The delivered merchandise may not be sold or pledged or otherwise encumbered until these claims have been settled in full. Notwithstanding this retention of title, the Orderer shall be entitled to use and sell our merchandise in his business operations as long as he is not in default of his obligations to us. If the Orderer resells the retained merchandise, we shall obtain title to the Orderer's claim against the third party to the amount of our claim against the Orderer. Such claims against a third party shall be transferred to us as soon as the delivery agreement is singed as provided by law on expanded and prolonged retention of title.

7. Expertations:

Because we always anxious to supply our customers with highest-quality merchandise, expertations were carried out on many of the individual stamps offer, in some cases by us, in some cases by the former owners. The stamps are then generally marked “expertised” in our descriptions. If the Orderer wishes to have expertations carried out on stamp not yet expertised, or to have subject stamps already expertised to new expertation, the Orderer must provide clear and unmistakable indication of this wish, indicating the specific stamps in question before the purchase agreement is carried out, so that we can reliably identify the stamps by means of illustrations. This will be necessary to protect both the Orderer and us from errors in this regard. Any announced expertations must be carried out immediately after the Orderer has received the merchandise. Otherwise delivered stamps and control markings on the merchandise will be considered genuine. If the Orderer wishes to have expertations carried out on merchandise that is not yet expertised, or to re-expertise merchandise already expertised, after the delivery has been received, the Orderer shall advise us thereof in writing, clearly and unmistakably before submitting these to the authorised examiner. In this case, we reserve the right to refuse guarantee for the merchandise being expertised or re-expertised, as in the case of certain issues contradictory expert opinions are often, or always, to be expected. We shall accept subsequent expertation only if the expertation findings are certified, since the results of an expertation always indicate only the relevant personal opinion at the time of the expertation and cannot always be taken as an objective assessment of the facts. Costs of such expertations shall always be borne by the purchaser. Any stamps subject to re-expertation shall only be accepted back when in the original condition. Attachment of a control mark changes the condition of a stamp. If the stamp is rejected in an agreed expertation or re-expertation, it shall be returned in its original condition with a copy of the expertation result.

8. Exchange, faults and guarantee:

All deliveries are excluded from return or exchange (rescission), as is standard practice in the sector. We shall not accept complaints if the Orderer claims faults in the delivered merchandise on the basis of expertations or re-expertations carried out at his behest without complying with the obligations provided under section 7 above. In other cases, we shall accept complaints of faults only if they have been reported to us in writing within seven days of receipt of the merchandise. If the Orderer has an expertation carried out after submitting prior notice in writing, this period of liability shall commence only when the Orderer has received back the expertation consignment and the result. The Orderer shall furnish proof of the date of return delivery for testing. We shall not accept later complaints as we would be unable to establish the identity of the faulty merchandise in relation to the merchandise we delivered. In the case of justified and proven faults in merchandise we delivered, we shall, at our own discretion, be entitled to remedy the fault, to undertake a new delivery or to issue a credit note or refund of any payment received. Further claims on the part of the Orderer, in particular claims for rehibition, price reduction or claims for damages shall not be accepted. If we demand return of the merchandise subject to the complaint, the Orderer shall return the merchandise to us packed correctly and with the purchase receipt or invoice enclosed. Costs and risk of return shipping shall be borne by the Orderer.

9. Liability:

Notwithstanding the liability restrictions provided under section 8 above, the Orderer shall not be entitled to claim for damages against M&M Fachversand GmbH unless these damages result from gross negligence or malice aforethought.

10. Legal venue, Place of Performance

The city of Hameln shall be the legal venue for merchants. Place of performance is Hameln.