Terms and Conditions
General Terms and Conditions Contents§ 1 Scope and contractual partners
§ 2 Conclusion
§ 3 Prices, shipping methods, ancillary costs
§ 4 Payment and retention of title
§ 5 Delivery and Transfer of Risk
§ 6 Defects and liability for damages
§ 7 Information requirements in the case of transport damage
§ 8 identification requirements under money laundering law
§ 9 Choice of Law and Jurisdiction
§ 10 Final provisions
§ 1 Scope and contractual partnersThese General Terms and Conditions (GTC) apply to all purchase contracts that are concluded between you as the customer (whether in the capacity of a consumer or a trader) and us as the operator of silver-to-go.com or otherwise by way of distance selling and e-commerce. During the ordering process you accept the GTC in effect at the date of delivery of the order.
A consumer in the sense of the legal definition (§ 13 BGB) is any natural person who enters into a legal transaction for a purpose which cannot be attributed either to a commercial activity or to an independent professional activity of theirs.
The operator of silver-to-go.com and your contractual partner is:
European Precious Metal Trading GmbH
60327 Frankfurt am Main
entered in the commercial register of the Local Court of Frankfurt under registration number HRB 98128, represented by its managing directors, each with sole signing authority, Torsten Hörnis and Daniel Marburger
VAT number: DE 292730488
In their legally relevant version, these GTC govern the details of the purchase contract and at the same time also contain important customer information. Via Links to silver-to-go.com, you are able to access these GTC and can then save them on your computer and / or print them out. Nevertheless, these GTC will be sent to you in text form at the time of contractual conclusion, and in any case no later than together with the goods ordered.
A right to cancel exists in the case of products, the prices of which are not subject to fluctuations in the financial market. You must exercise your right to cancel in writing within fourteen days, whereby you may do so without giving reasons. For details, please see our cancellation policy.
Our product presentation on silver-to-go.com includes goods (precious metals), the price of which is subject to fluctuations in the financial market and over which we have no control, and which may occur at short notice. For this reason and on the basis of a statutory exemption (BGB § 312 para. 4 no. 6), with these products consumers have no right to cancel, even in the case of distance contracts. Your order will therefore be binding immediately upon receipt by us and cannot be cancelled by you.
§ 2 ConclusionOur sales presentation on silver-to-go.com does not constitute a binding offer within the meaning of § 145 BGB, but is merely an invitation to treat directed at you as the customer (invitatio ad referendum). Once you submit an order by clicking on the "Order and Pay" button, you submit a binding offer. Prior to this, you can view and change your order at any time by clicking on "Shopping Cart". In the event that we accept this offer, we will send you an order confirmation by e-mail. This order confirmation will be sent off immediately, and in any case no later than 48 hours after receipt of the order.
Once we have received the invoice amount, we will arrange for the delivery of the goods according to the shipping method you have selected (shipping or pick-up). You will receive a further e-mail, this time confirming dispatch, together with the confirmation of receipt of payment (receipt of payment confirmation). The terms of payment are set out in § 4.
We have the right to cancel our order confirmation if our Internet presentation and / or order confirmation inadvertently contain errors or omissions, which work to our practical disadvantage in relation to the contract (e.g. unintentional deviations from the prevailing market price, in particular due to data processing errors). In this case, we will declare our cancellation within one week of discovering the error (e.g. by e-mail) and will immediately refund to you any purchase price that may have been paid, including transaction costs. This shall not affect our statutory rights, in particular the right to void the contract due to error.
The proper language of the contract is German. The text of the contract (consisting of the order confirmation together with the GTC, project confirmation and payment confirmation) will be saved by us in conformity with data protection laws and will be sent to you by e-mail (see above paragraph (1)).
§ 3 Prices, shipping methods, ancillary costsThe final prices described on silver-to-go.com of all products except gold include VAT and all other price components. They are denominated in EURO, USD and GBP and do not include the following ancillary costs.
We ship worldwide, on the terms and subject to the costs stated on silver-to-go.com under the heading "Shipping costs and Delivery Times". If you require shipping to a country that is not listed under "Shipping costs and delivery times", please contact customer service (firstname.lastname@example.org, Tel. +49-69-348-77581) for an estimate of the cost. Currently, there is an option for insured delivery by a transport company (delivery service or courier) to a specified delivery address as well as personal pick-up at our office (self-collection).
Shipping fees are calculated and are payable per order; whereby consolidated dispatch of multiple orders as a single unit is not possible for technical reasons. The details of delivery are governed by §. 5 Country-specific shipping costs can be viewed via this link: Shipping Costs and Delivery Times.If you require shipping to a country that is not listed under "Shipping Costs and Delivery Times", please contact customer service (email@example.com, Tel. +44-20-351-47583) for an estimate of the cost.
§ 4 Payment and retention of titleThe purchase price and any ancillary costs (invoice amount) must always be paid in advance . We offer the following payment options: bank transfer, instant bank transfer and credit card. With the Instant Transfer and credit card payment options, a transaction fee of 2% of the invoice amount is payable.
The invoice amount is due for immediate payment and must reach our account no later than three days following dispatch of the order confirmation, otherwise we have the right to cancel the contract (fixed transaction) – without setting any grace period. This shall not affect the bringing of any other or additional legal claims, in particular in respect of payment of the purchase price, default interest and / or damages. In the event of delayed or omitted payment, any compensation claim that we may have shall be no less than the price of the item, including if it has changed on the financial market in the meantime.
Until full payment of the respective invoice amount of a particular delivery, we retain title to the delivered goods in any case.
§ 5 Delivery and Transfer of RiskIn the case of the "Shipping" delivery option, delivery of the goods shall take place at the agreed address (either a private home or company premises, as stated on the order confirmation and/or confirmation of receipt of payment); whereby this shall be accomplished by handover to a person found in either of the above locations, who is authorised to receive consignments and to provide an acknowledgement of receipt thereof. Delivery to a mail box or a packing station etc. is not insured.
In the case of delivery by courier to a private address or self-collection, goods will only be handed over after the authorisation of the recipient has been checked. This authorisation check is usually carried out through presentation by the customer of a valid official photo identification (in particular, an identity card or passport). Authorised agents will need their own official photo ID, together with written authority, i.e. a document signed by the customer for this purpose. Either the respective original document or a certified photocopy can be presented. Authorisation checks due to legal provisions (see § 8 in particular) shall remain unaffected.
If the "Shipping" delivery option to the specified delivery address is carried out during normal delivery times (Monday to Friday 7:30 to 18:30) but no authorised recipient is found, our transport company will make another delivery attempt. However, should delivery of the goods from us fail for any reasons beyond our control, we may cancel the contract; whereby any payments that have been made will be refunded to you immediately. Our statutory rights, in particular to compensation for additional expenses, remain unaffected.
The risk of accidental deterioration and accidental loss of the goods passes to you pursuant to the relevant statutory provisions, i.e. in particular on handover of the goods or delayed acceptance. Unless self-collection has been agreed, therefore, we do not assume the risk of loss or damage to goods in transit to you.
Any delivery times stated by us are calculated from the day following our confirmation of receipt of payment. Unless no delivery time or no different delivery time has been specified or agreed for the goods in question, the delivery time is approximately 1-3 business days, as counted from the beginning of a working week that begins on Monday and ends on Friday.
If we fail to comply with a binding delivery deadline for reasons beyond our control, (unavailability of the goods, e.g. as a result of missing and involuntary self-supply by our suppliers or force majeure), we will notify you immediately, and, if necessary, we will indicate a new estimated delivery time. If the new delivery time is not acceptable to you or if the goods are not available within the new delivery period or at all, both parties shall be entitled to withdraw from the contract in respect of the product concerned; whereby we will immediately refund any consideration already paid.The legal rights of both Contracting Parties remain unaffected.
§ 6 Defects and liability for damagesOur liability for defects and damages shall be governed by the statutory provisions, unless otherwise specified.
For contracts with commercial companies or businesspersons, the general prescription period (§ 3 BGB 438 para. 1 no.) is one year after delivery, unless we are liable for damages under paragraph 3 hereafter.
In cases of breach of duty - regardless of the legal reason therefor - we are liable for intent and gross negligence within the framework of our liability for damages. In cases of ordinary negligence, we shall only be liable in the following cases:
for losses resulting from injury to life, limb or health and
for losses arising from breach of an essential contractual duty (an obligation, the fulfilment of which enables the correct performance of the contract and on whose compliance the contractual partner normally relies and may rely); whereby in this case, our liability shall be limited to compensation for foreseeable, typically occurring prejudice.
The foregoing limitations of liability also apply to breaches of duty by individuals for whose negligence we are liable under statutory provisions.
Claims under the Product Liability Act remain unaffected in all cases.
§ 7 Information requirements in the case of transport damageIf goods are delivered with obvious damage to the packaging or the content thereof, then without prejudice to their warranty rights (§ 6), customers must submit a complaint to the freight forwarder / carrier immediately by e-mail or get in touch in some other manner (fax / post) with the seller, so that any associated rights as exist against the shipper / carrier can be preserved.
§ 8 Identification requirements under money laundering lawIf we are required under the Money Laundering Act (AMLA) to identify the customer and any possible beneficial owner, you as our contractual partner are subject to a legal obligation to cooperate with us; whereby, in particular, you must provide us with the information and documentation needed for identification purposes and must also notify us of any changes that may occur in the course of the business relationship.
Specifically, in respect of the above statutory duties, whenever we accept cash to the value of EUR 15,000.00 or more, our company has a particular duty to identify each customer and any possible beneficial owner. For this purpose, you must supply and disclose to us with the personal information needed for identification purposes, if you wish to create, continue or to carry out the business relationship or a particular transaction either for yourself or for a beneficial owner.
This identification is usually accomplished by presentation of an identity card or passport in the original. If the customer is a legal person or a partnership, you will need an extract from either the Commercial Register or the register of associations or from a comparable official register or directory, and if necessary, further or additional appropriate documents, such as, in the case of a civil law partnership, the current partnership agreement. Furthermore, as the customer, you must at the very least provide the name of any beneficial owner as well as their identity, as described above. We shall have the right to produce a copy of the documents submitted for the purpose of the identity check, which we shall retain in accordance with the relevant statutory provisions.
§ 9 Choice of Law and JurisdictionThis contract shall be governed by the law of the Federal Republic of Germany, with the exclusion of material uniform law and in particular that of the CISG pertaining to the international sale of goods. The statutory provisions governing the applicabilty of mandatory consumer protection legislation remain unaffected.
Court jurisdiction is governed by statutory provisions, if the purchaser is a consumer. If the purchaser is a merchant, legal entity under public law or a special fund under public law, the exclusive - and international - place of jurisdiction for all disputes arising directly or from the contractual relationship is that of the location of our head office in Frankfurt am Main, Germany. The same applies if the purchaser is any other type of commercial operator. Nevertheless, in all cases we still have the right to bring an action at the place of performance of the delivery obligations pursuant to Section § 5 or any priority individual agreement or at the general place of jurisdiction of the purchaser.
§ 10 Final ProvisionsIf any provision of this agreement is legally ineffective, this shall not render the entire contract ineffective. Rather, the ineffective provision shall be replaced by a relevant and effective provision corresponding to its economic purpose. The same applies to any gaps in this contract.
We reserve the right to change these General Terms and Conditions in respect of future business. This provision shall not cover, however, unreasonable changes, in particular those pertaining to key contractual components, such as the main services owed, which would themselves form the subject of an amending contract.