General Terms & Conditions of Gold & Silber Schweiz AG
Consumer information and general terms of business, delivery and payment:
1 No right of cancellation
We expressly point out that, owing to legal requirements, there is no right of objection.
2 Material defects
Our liability for material defects is as follows:
(1) Any parts or services that exhibit a material defect within the limitation period shall be repaired, replaced or re-executed at our discretion free of charge, if it is due to a cause that already existed at the time risk was transferred.
(2) It is up to the contract partner to demonstrate that defects existed at the time risk was transferred.
(3) Claims for material defects must be made within 12 months. This does not apply if the law stipulates longer periods or in cases of injury to life, body or health, or where we are guilty of intentional or grossly negligent breach of duty or fraudulent concealment of a defect. This is without prejudice to legal requirements concerning the expiry, suspension and recommencement of limitation periods.
(4) The contract partner shall notify obvious defects to us in writing within three days of receipt of the delivered item, and hidden defects as soon as they are discovered; otherwise, warranty claims will not be accepted. The deadline shall be deemed to be observed provided notification is sent in good time. It is entirely the responsibility of the contract partner to prove that all conditions for making a claim have been met, particularly in respect of the material defect itself, the time of discovery of the defect and the timeliness of the complaint.
(5) We shall first be allowed the opportunity to rectify the situation within a reasonable period. After two failed attempts to rectify the situation, the contract partner may withdraw from the contract. If the contract partner withdraws from the contract after failed attempts to rectify the situation, they are not entitled to claim further damages owing to the defect.
(6) Where characteristics are described – e.g. in preliminary discussions and information and in brochures or advertising promotions – this does not amount to a guarantee or assurance of such characteristics on our part.
3 Terms of payment, delays, counter-claims
(1) The invoice amount falls due for payment without deduction immediately upon receipt. The customer shall ensure that Gold & Silber Schweiz AG receives payment within three working days.
If the customer does not pay within three (3) working days after the due date, they shall be in default without warning. In this case, Gold & Silber Schweiz AG shall be entitled to withdraw from the contract, even if the goods have already been delivered. The customer shall refund Gold & Silber Schweiz AG the resulting damages (the difference between the contract price and the market/exchange price at the date of performance plus expenses incurred as well as reminder, collection and cancellation charges).
Payments must be made only in cash or by bank transfer. Bills of exchange, cheques or similar will not be accepted.
(2) Delivery – if the product is in stock – takes place only after the invoice amount has been finally credited to the account of Gold & Silber Schweiz AG.
If the ordered quantity exceeds the stock of Gold & Silber Schweiz AG, we are entitled to withdraw from the contract.
(3) In the event of a delivery delay, we will inform you as soon as possible via e-mail or fax. Delivery takes place on the express condition that Gold & Silber Schweiz AG is itself supplied correctly and in good time. In the event of a delivery delay, Gold & Silber Schweiz AG shall be liable in accordance with legal requirements if the delay is due to a deliberate or negligent breach of duty on their part, with Gold & Silber Schweiz AG being held accountable for any breach on the part of its representatives or agents. Liability in this case is limited to the foreseeable damages typically occurring. If the delivery delay is attributable to force majeure, e.g. mobilisation, war, uprising, natural disaster or similar events (strike, lock-out, etc.), any stated deadlines will be extended as appropriate.
(4) In the event of delayed payment, from that point onwards Gold & Silber Schweiz AG shall be entitled to claim interest in the amount of 6% above the relevant base interest rate, with Gold & Silber Schweiz AG reserving the right to seek higher damages.
The prices are those applicable at the date of the order plus the statutory rate of value added tax. Shipping, packaging and customs clearance charges shall be stated separately.
(5) If delivery is delayed for reasons attributable to the contract partner (delayed payment or similar) or for which it bears the entire risk, Gold & Silber Schweiz AG shall be entitled to charge the price applicable on the date of delivery. If the price increase is more than 5% of the purchase price, the contract partner shall be entitled to withdraw from the contract. This right of withdrawal lapses if it is not exercised within three days of the date of notification of the new price. In such cases, Gold & Silber Schweiz AG expressly reserves the right to claim damages for non-fulfilment.
If our supplier does not supply us with the ordered item despite contractual commitments, we shall be entitled to withdraw from the contract.
(7) In the case of purchase transactions, the purchase price falls due following receipt and favourable inspection of the goods, particularly in respect of their authenticity and recyclability. Gold & Silber Schweiz AG shall transfer the purchase price to the customer’s nominated account within one week of completion of the inspection.
(8) In the case of purchase transactions, if the outcome of the inspection of authenticity and recyclability is negative, Gold & Silber Schweiz AG shall be entitled to withdraw from the contract. In this case, the delivered goods will be returned to the customer against reimbursement of the shipping costs.
(9) The contract partner may only exercise a right of retention or offset if their counter-claims have been legally established, are undisputed or have been recognised by us.
(10) If we become aware of circumstances of any kind that cast doubt on the contract partner’s creditworthiness, Gold & Silber Schweiz AG shall be entitled to call in the whole of the remaining debt and withhold any goods not yet delivered or demand provision of security.
4 Retention of title
(1) Delivered goods remain the property of Gold & Silber Schweiz AG until paid for in full.
If the customer resells the goods before they have been paid for in full, claims of the customer shall be deemed to be assigned to Gold & Silber Schweiz AG. Gold & Silber Schweiz AG accepts the assignment.
(2) The customer shall inform Gold & Silber Schweiz AG immediately in writing or via email if third parties have access to the goods, particularly in the context of enforcement measures or other impairments of title.
5 Scope of application
(1) The foregoing and following terms and conditions apply to all deliveries, services, offers, purchases and other commercial transactions of Gold & Silber Schweiz AG with registered office in Stein Am Rhein in dealings with consumers and businesses.
(2) They apply to all future business relations, even if not expressly re-agreed.
(3) The consumer/business accepts these conditions upon placement of the order, and at latest upon receipt of our goods or services.
(4) These General Terms & Conditions are exclusively applicable. Reconfirmations of the contract partner stating that their own terms and conditions are applicable are hereby rejected.
Amendments and additions to these terms and conditions are only effective if they are confirmed in writing. If general terms and conditions should conflict, despite the above provisions, the present rules shall have priority.
6 Conclusion of contract
(1) Our offers to buy and sell are without obligation and non-binding. The customer orders and sells by telephone, fax or input via the website. In the latter process, all data will be displayed back to the customer and can be corrected before the order/sales quotation is sent.
(2) Contracts only become effective following our declaration of acceptance of the order/sales quotation and its content (by order confirmation or invoice remittance), or in the case of an order through delivery of the item to the contract partner. The declaration of acceptance is made in writing based on an order confirmation.
(3) The parties agree to delivery against payment in advance, in the absence of any other agreement.
(4) Unless otherwise agreed, we are only obliged to supply articles of the same class, i.e. if an article is no longer available, we will send you articles of equivalent quality and price.
(5) The contract details will be stored by Gold & Silber Schweiz AG. Customers will not be able to retrieve the contract details later.
7 Trading hours, prices
(1) The agreed prices are the buying and selling prices in CHF or euro applicable at the time the contract is concluded, plus the statutory rate of value-added tax.
We accept no liability for incorrect prices wrongly displayed due to software faults. Orders stating incorrect prices due to software faults are null and void.
Shipping and packaging costs including insurance, taxes, charges, fees, duties etc. are borne by the customer.
(2) Our normal trading hours apply. For offers made during these trading hours, the prices quoted by the system are applicable. Where offers are made outside trading hours, the current price at the start of the next trading period shall apply.
8 Money laundering
(1) Gold & Silber Schweiz AG is a financial intermediary within the meaning of the Swiss Money Laundering Act (GwG). It is subject to its relevant provisions. Customers performing one or more transactions which exceed the amount of CHF 25,000 must identify themselves by means of the original or a certified copy of their identity card and present a written declaration of beneficial ownership. Where goods are purchased by Gold & Silber Schweiz AG, the customer has a duty to provide proof of identification regardless of the amount of the transaction.
(2) The customer shall be liable for any losses resulting from failure to detect defective identity documents or forgeries, except where Gold & Silber Schweiz AG is guilty of gross negligence.
9 Delivery and transfer of risk
(1) Binding delivery dates for deliveries by Gold & Silber Schweiz AG must be agreed in writing.
(2) We are at all times entitled to make partial deliveries of goods and services, unless partial delivery or partial performance is contractually forbidden.
(3) If the customer is a consumer, for deliveries by Gold & Silber Schweiz AG the risk of accidental loss and accidental deterioration of the delivery item where the goods are shipped only passes to the customer at the time of handover. Handover shall be deemed to have taken place even if the customer delays in accepting the goods.
(4) If the customer is an entrepreneur, for deliveries by Gold & Silber Schweiz AG including non-freight deliveries, risk passes to the contract partner as soon as the consignment is handed over to the transport company or leaves our warehouse for shipping. If shipment is delayed at the request of the contract partner, risk passes to the contract partner upon notification that the goods are ready for shipping. Handover shall be deemed to have taken place even if the contract partner delays in accepting the goods.
(5) Gold & Silber Schweiz AG will agree the date of delivery of the goods with the contract partner, which in the case of advance payment shall be after receipt of the purchase price. Delivery takes place via a transport company. The contract partner must be present at the delivery address for the whole day on the date of the delivery, as an exact time of delivery will not be agreed for security reasons. The same applies analogously where goods are collected (in the case of purchases).
(6) The place of performance for purchased goods is the business headquarters of Gold & Silber Schweiz AG. Any papers belonging to the goods must also be forwarded to Gold & Silber Schweiz AG. Where the goods are not collected, the seller undertakes to ship the goods with adequate insurance. The goods must be shipped in such a way that Gold & Silber Schweiz AG must acknowledge receipt of the shipped goods (recorded delivery with signature; not registered mail). It is up to the sender to show that the shipment has been received.
(7) The fact that valuables are transported has no effect on the place of performance. Transportation of valuables takes place exclusively in Switzerland.
10 Limitation of liability, claims for damages
(1) Claims of the contract partner for compensation or reimbursement (hereinafter: claims for compensation), regardless of their legal basis, particularly due to breach of duties arising from the contractual relationship and acts which are not permitted, shall be excluded.
(2) This does not apply where legal requirements stipulate compulsory liability. Claims for compensation for a breach of material contractual obligations are however limited to the foreseeable losses typical of the contract, except in cases of intent or gross negligence or involving injury to life, body or health.
11 Customer complaints
Complaints by the customer must be notified immediately, upon receipt or handover of the goods.
12 Data protection notice
Gold & Silber Schweiz AG attaches great importance to the protection of personal data. We comply with legal requirements concerning data protection and data security as a matter of course. Gold & Silber Schweiz AG processes and uses personal data relating to this contract exclusively for the purposes of carrying out the contract and serving the customer.
13 Final provisions
All legal relations between the customer and Gold & Silber Schweiz AG are governed by Swiss law.
The application of UN sales law (Vienna Sales Convention) is excluded.
If a provision of these terms and conditions or a provision forming part of other agreements is or becomes invalid, this shall not affect the validity of other provisions or agreements. This shall not apply if adherence to the contract would impose unreasonable hardship on the party concerned.
References to other websites (“links”)
Changes to the website
Gold & Silber Schweiz AG reserves the right to modify, suspend or altogether discontinue the operation of the website at any time, including the services, information or functions offered on the website that can be accessed when using the website as intended.
Limitations of liability
Use of the website is at the user’s own risk. The user shall bear sole responsibility and the sole risk of loss caused by downloads from, access to, or use of the website and/or any of its contents.
Gold & Silber Schweiz AG shall not be liable for damages of any kind resulting from information published on the website, or caused by errors in or omissions from the website.
Gold & Silber Schweiz AG accepts no liability whatsoever for damages arising from investment decisions made on the basis of information provided on this website.
No offer, no advice
Our analyses are based on sources which we believe to be trustworthy and reliable. Despite careful source selection and evaluation, we cannot accept liability for the completeness, accuracy and correctness of the information. All strategies that result from our analysis must be checked by you or your investment advisers with respect to their risk and implementation. The information on this website does not constitute investment advice, but is merely intended to facilitate your independent investment decision.
Applicable law and jurisdiction
All deliveries to or from Switzerland are subject to Swiss law.
Gold & Silber Schweiz AG, 2017