AGB

GENERAL TERMS AND CONDITIONS OF GOLD & CO. LUXURY GOODS HANDELS GMBH

1.SCOPE

1.1 The following General Terms and Conditions ("GTC") shall apply to the entire present and future business relationship between Gold & Co. Luxury Goods Handels GmbH, FN 378278t, Tuchlauben 7a, 1010 Vienna, ("Gold&Co") and its customers. The version valid at the time of the conclusion of the contract shall be authoritative in each case. Contract language is German.

1.2 Deviating or supplementary terms and conditions - in particular GTC or terms and conditions of purchase of the customer - shall only apply with the express written consent of Gold&Co. The customer agrees that in case of doubt, the present GTC shall be assumed in case of use of GTC by the customer, even if the customer's terms and conditions remain uncontradicted.

1.3 The illustrations and information on dimensions and weights contained in lists and offers as well as in offer drawings, as well as information of any other kind, are non-binding and in accordance with the product characteristics and descriptions according to the manufacturer. Except for explicitly described and illustrated packaging, packaging types of the products are not binding and deviations do not constitute a product defect.

1.4 Cost estimates are usually subject to payment, unless otherwise agreed. The cost estimate is prepared to the best of our knowledge, but no guarantee for the correctness can be assumed. Errors are expressly reserved.

1.5 For consumer customers, all clauses shall be interpreted in a consumer-friendly manner.

2. OFFER OF CONTRACT AND CONCLUSION OF CONTRACT

2.1 Offers of Gold&Co are subject to change and non-binding and are valid at most as long as stocks last; this applies in particular to the prices of precious metals.

2.2 The information contained on the website, in catalogs, brochures, sales talks and the like shall not constitute a binding offer to the customer, but shall rather be qualified as an invitation for the customer to submit an offer to Gold&Co.

2.3 The prices for purchase and sale transactions in Euro plus the respective statutory value added tax valid at the respective time of the conclusion of the contract shall be deemed agreed, unless otherwise agreed.

2.4 The documents belonging to the offer, in particular illustrations, drawings, plans, descriptions, cost estimates and other documents remain the property of Gold&Co including the contents of existing copyrights. Information about properties, weight, dimensions and similar specifications shall only become part of the contract insofar as they are used in the catalogs (of the respective manufacturers), circulars, brochures, advertisements, illustrations and price lists used by Gold&Co or verbal assurances in business transactions. Small (dimension, color, texture) deviations are possible and usually do not represent a product defect.

2.5 Offers on a set of goods are valid for a maximum of 24 hours. After that, the advance sale of Gold&Co remains reserved. The prices are not fixed, but can be fixed only after the receipt of the purchase price. Usually, the date of the invoice is used as the date of the final price fixing. The customer has the right to choose whether he/she would like to determine the point in time from the receipt of the funds by Gold&Co.

2.6 If a certain item is out of stock at the moment of receiving the funds and cannot be delivered even within 7 working days, the customer can choose alternative adequate other products without additional payment or withdraw from the contract.

3. RIGHTS OF WITHDRAWAL IN THE CASE OF DISTANCE SELLING

3.1 If the customer is a consumer, the provisions of the FAGG or KSchG shall apply and the customer shall benefit from the 14-day right of withdrawal pursuant to § 11 FAGG. It is sufficient if the declaration of withdrawal is sent within the period. The withdrawal period for contracts for the delivery of goods begins on the day of receipt by the consumer, for contracts for the provision of services on the day of the conclusion of the contract.

3.2 In case of non-fulfillment of our information obligations, the withdrawal period is 12 months from the date of receipt of the goods by the consumer. If the information is made up within this period, the period is 14 days from the date of the information is made up. To meet the deadline, it is sufficient to send the declaration of withdrawal in time.

The goods (if any) must be returned in unopened original packaging as well as undamaged, in the complete scope of delivery and in the same or equivalent shipping packaging at least as "registered mail" to Gold&Co at its own expense. The return shipment is at the risk and expense of the sender. In case of unique products, especially collectibles, the returned item or goods must be in exactly the same grade and quality (same condition) as when delivered. Any deterioration or wrong returns will be charged to the customer. Opened packaging seals also represent a deterioration of the product. Not affected by this are hidden defects that could not be inferred from the offer description and/or the illustrations for a consumer who, with due diligence and inspection, was not able to see the product.
3.3 The declaration of withdrawal as well as the return of goods shall be addressed to: Mag. Walter Hell-Höflinger , Währingerstrasse 48/5, 1090 Vienna, info@goldundco.at, Tel: 01/23 50 222. You can use the withdrawal form attached at the end of the GTC, which is not mandatory.

3.4 If the subject of the distance selling is the delivery of goods whose price is subject to fluctuations on the financial market over which Gold&Co has no influence and which may occur within the withdrawal period, there shall be no right of withdrawal pursuant to § 3 (3) Z 4 KSchG nor pursuant to § 18 (1) Z 2 FAGG.

3.5 In special cases, Gold&Co may grant a goodwill withdrawal upon the Customer's request for a cancellation fee in the amount of min. EUR 250.- or 1.5% of the value of the goods, which releases the Customer from the obligation to pay after settlement of the cancellation fee. Upon receipt of the cancellation fee, all mutual rights and obligations shall be deemed to have been fulfilled and the customer shall not be entitled to assert any claims whatsoever in or out of court. The matter shall be deemed to have been settled.

4. TERMS OF SALE AND PAYMENT

4.1 Contracts shall only be concluded upon the declaration of acceptance of the order/the sales offer and its content (e.g. by order confirmation or sending of the invoice or actual compliance, etc.) or, in the case of the order, by delivery of the delivery item to the Customer.

4.2 The parties agree on delivery against advance payment or payment upon collection, unless otherwise agreed. All prices are ex warehouse. In the event of payment in advance, the invoice amount shall be due and payable without deductions immediately upon receipt of the order confirmation, order confirmation or invoice. If the customer does not pay on time, he will be in default without reminder. The statutory interest on arrears shall apply.

4.3 For purchases in the online store the following applies additionally: Any time restrictions of online orders are visible on the homepage (e.g. sold out, periods etc.). For online orders, the customer must add the products to the shopping cart. These remain in the shopping cart during the webshop visit. Before placing the order, the customer can correct input errors and make changes in the shopping cart. Before finalizing the order, the customer receives an overview of the order once again. By pressing the field "order with obligation to pay" or a similar field, the customer makes a binding offer to conclude a contract with the corresponding content.

4.4 All orders can only be accepted within the limits of available quantities (e.g. limited editions). Gold&Co reserves the right to refuse orders without giving reasons or to accept only a part of the ordered quantity, of which it will inform the customer immediately. The customer shall not be entitled to any compensation for any reductions in deliveries due to unavailability of quantities.

4.5 Any maximum order quantities set for online orders shall apply per customer. The maximum quantities are shown in the online store under the respective product.

4.6 Payments shall always be credited against the oldest outstanding invoice or receivable. Expenses incurred in connection with bank transfers or on the basis of documentary collections and documentary letters of credit for deliveries by Gold&Co shall be borne by the customer. Gold&Co is entitled, but not obliged, to accept partial payments on invoices issued by it.

4.7 Binding sales price basis is the current stock exchange price for precious metals at the time of payment of the customer after receipt on the Gold&Co account or in case of payment of the goods in cash or by ATM card the price indicated by the employee in the course of business. Any difference arising shall be settled in cash at the time of collection, if any.

4.8 The customer's bank account must be in the name of the invoice recipient. In the event of a reversal, the money can only be transferred back to the same account. In the case of bank accounts from other EU countries or third countries, Gold&Co reserves the right to demand further proof.

4.9 If the Customer is in default with the agreed payment or other performance, Gold&Co shall be entitled (i) to postpone the performance of its own obligation until full payment or other performance, (ii) to claim a reasonable extension of the delivery period, (iii) to claim default interest at the statutory rate from the due date, subject to the assertion of increased actual damages caused by the default, and (iv) to withdraw from the contract in the event of failure to comply with a reasonable grace period. In the event of default, the Customer undertakes to reimburse Gold&Co for any dunning and collection expenses incurred, insofar as these are necessary for appropriate legal prosecution and are reasonable in relation to the claim. In particular, the Customer undertakes to reimburse Gold&Co for any costs incurred in the event that a collection agency is called in, insofar as these do not exceed the maximum rates of remuneration due to collection agencies according to the BMWA regulation. In addition, any further damage, in particular also the damage resulting from the fact that correspondingly higher interest accrues on any credit accounts as a consequence of non-payment, shall be compensated irrespective of the fault for the delay in payment.

4.10. Several customers shall be jointly and severally liable for the obligations arising from a single business transaction.

4.11. Gold&Co reserves the right to demand advance payments or securities for the fulfillment of the agreed service. In any case, the customer shall be informed of these in due time. If the customer does not comply with the request to provide securities, Gold&Co shall be entitled to withdraw from the contract within a reasonable period of time.

4.12. Delivered goods shall remain the property of Gold&Co until complete fulfillment of the customer's obligations, in particular payment of the purchase price including ancillary costs and interest, fees, expenses, etc. Resale, pledging or transfer by way of security shall require the prior written consent of Gold&Co. In case of processing, blending or combination of the goods with other material, Gold&Co acquires ownership of the resulting products in proportion of the value of the delivered goods to that of the other material. In the event of further processing, the underlying damage value shall correspond to the current replacement value plus any costs to restore the product to its original saleable condition. The taking back of the goods subject to retention of title by Gold&Co does not constitute a withdrawal from the contract.

4.13. The Customer expressly agrees that all claims due to Gold&Co against the Customer may be assigned to third parties for whatever purpose. Any prohibitions of assignment shall only become legally effective if they are explicitly agreed between the contracting parties in the specific individual case.

4.14. Offsetting against counterclaims of the customer as an entrepreneur which are disputed by Gold&Co or which have not been legally established by a court of law is not permitted. The same applies to the assertion of a right of retention.

4.15. If Gold&Co subsequently becomes aware of circumstances that result in a significant deterioration of the Customer's assets and if the payment claim is jeopardized as a result, Gold&Co shall be entitled to declare claims due in full and to set off any payments.

5. DELIVERY

5.1 The delivery period to be specially agreed (according to the current terms of delivery) shall commence upon conclusion of the contract, but in no case before the complete provision of the approvals, documents, releases, etc. to be procured by the customer, and not before receipt of any agreed advance payment. In any case, compliance with the delivery deadline requires the fulfillment of all primary and secondary contractual obligations by the customer. The agreement of binding dates (fixed transactions) requires an express designation and confirmation by Gold&Co.

5.2 The quantities, weight or piece numbers determined by the supplying plant or warehouse at the time of dispatch shall be solely decisive for the calculation of the delivery costs.

5.3 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the delivery item in the case of delivery by Gold&Co shall only pass to the customer upon handover. The handover is the same if the customer is in default of acceptance.

5.4 Gold&Co agrees with the customer on the day of delivery of the goods, but in case of prepayment at the earliest after receipt of the purchase price. Delivery shall be made by a transport company freely chosen by Gold&Co or by the Austrian postal service. The customer or his authorized representative must be present at the delivery address all day on the day of delivery, since an exact delivery time varies for security and logistical reasons with the transport companies and cannot be agreed upon. The same applies mutatis mutandis to the collection of goods (purchase). The customer is obliged to participate in the acceptance date and, if necessary, to sign an acceptance protocol. Each consignment shall be checked by the recipient in the presence of the bearer upon acceptance for integrity and completeness, any deviations shall be recorded and, if reasonable, Gold&Co shall be informed immediately in writing.

5.5 The Customer shall not be entitled to refuse acceptance of the performance due to minor defects which do not or not significantly impair the fitness for use or the utility value. Possible storage marks on investment products or their packaging, as they also do not lead to price reductions in the purchase at Gold&Co and in the relevant specialized trade, do not constitute defects in the sense of the restriction of the utility value or product defects according to the agreement.

5.6 The place of performance for purchased goods is the respective current place of business of Gold&Co.

5.7 If available, papers belonging to the goods shall also be sent to Gold&Co. Missing certificates or also damaged packaging represent a restriction of the utility value.

5.8 The Customer as seller undertakes, unless collection takes place, to ship the goods sufficiently insured, unless they are already insured by Gold&Co. The shipping packaging must correspond to one used by Gold&Co or equivalent or to one specified in the current shipping and packaging regulations of Gold&Co, which can be viewed in the respective valid version on the website (postal shipping). The dispatch is to be carried out in such a way that Gold&Co must acknowledge receipt of the dispatched goods (registered mail with signature). The sender bears the burden of proof for the receipt of the shipment.

5.9 The agreed delivery period may be exceeded by 14 consecutive calendar days without Gold&Co being in default of performance. The delivery period shall be deemed to have been complied with if the delivery item has been dispatched by Gold&Co by its expiry or if the Customer has been notified in writing of readiness for dispatch within the delivery period. Subsequent requests for changes or additions by the customer shall extend the delivery period accordingly. The same shall apply in the event of unforeseen obstacles outside the sphere of influence of Gold&Co (except for its own culpably caused obstacles), insofar as such obstacles demonstrably influence the completion or delivery of the delivery item, such as in particular delays due to force majeure, lockdowns, theft, labor disputes, strikes, lockouts, delays in the delivery of essential raw materials, materials or parts. The same shall apply if the aforementioned circumstances occur at sub-suppliers. If delivery is impossible due to such circumstances, both contracting parties shall have the right to withdraw from the contract without the customer being entitled to any claims whatsoever as a result. This shall also apply in the event that the aforementioned circumstances occur during an already existing delay.

5.10. If the dispatch of goods ready for dispatch is not possible through no fault of Gold&Co or is not desired by the customer, Gold&Co shall have the right to store the goods at the customer's reasonable expense, whereby the delivery shall be deemed to have been made. The agreed terms of payment shall remain unaffected thereby. At the same time Gold&Co is entitled either to insist on performance of the contract or to withdraw from the contract after setting a reasonable - at least one week - grace period.

5.11. Goods shall be delivered in the condition customary in the trade. In case of purchase according to sample or specimen, the properties of the sample or specimen shall not be deemed warranted.

5.12. In the absence of any other agreement, the goods shall be deemed sold ex works (readiness for collection). The place of performance is the place of receipt designated by Gold&Co, for payments the registered office of Gold&Co.

5.13. Shipment and packaging by Gold&Co shall be carried out at its best discretion and Gold&Co shall not be liable for the most cost-effective shipment for the Customer. If a certain type of shipment and packaging is desired by the Customer, this shall be specifically agreed upon, whereby Gold&Co shall in no event be liable for loss or damage in the event of such shipment not chosen by it.

5.14. The unobjected acceptance of the goods by the forwarding agent or carrier shall be sufficient proof of faultless packaging.

5.15. Unless special instructions are given to Gold&Co by the Customer, Gold&Co shall be entitled to cover the transport insurance or, in the precious metal business, the foreign currency insurance on behalf and for the account of the Customer.

5.16. The customer assures Gold&Co to provide all data required for the order or the purchase truthfully and completely and to inform Gold&Co about any changes of his personal data (address, telephone, e-mail, etc.). Defective delivery or delivery due to insufficient or incorrect information provided by the customer shall be at the customer's expense.

5.17. The sending of scrap gold, broken gold, dental gold, gold coins as well as various other gold residual materials to Gold&Co is insured up to EUR 5,000.00 in case of compliance with the shipping and packaging instructions, which can be viewed in the respective valid version on the website. Unannounced shipments or shipments sent contrary to these shipping instructions are not insured and are exclusively for the account and risk of the sender. If a sale takes place in the course of the postal service according to item 6.12, the goods sent in compliance with the shipping instructions in the respective current version are insured by Gold&Co for the material value. In this case, the sender bears the burden of proof for the value of the contents vis-à-vis the insurer.

5.18. Without exception, Gold&Co shall only inspect and evaluate such shipments to which the accompanying letter provided by Gold&Co GmbH is completed and signed by the customer, as well as a copy of an official photo ID of the customer is enclosed. The respective accompanying letter can be downloaded from the website and printed out as well as requested via a web form or by mail.

5.19. Gold&Co will - depending on the workload - process the consignments within 5 working days at the latest and prepare a purchase offer. If no offer is made by Gold&Co to the customer or if this offer is rejected by the customer, the items submitted to Gold&Co shall be returned to the sender's address stated in the accompanying letter, usually freight collect, unless otherwise agreed. In case of delay, Gold&Co will inform the customer in writing or by telephone and provide an alternative date.

5.20. The return costs shall be borne by the customer, unless otherwise agreed. If the customer expresses the wish to insure the shipment, he shall also bear the costs for this.

6. PURCHASE, VALUATION AND PURCHASE PRICE PAYMENT

6.1 In case of purchase, the contract shall be deemed concluded only after the customer has signed the written declaration submitted by Gold&Co, i.e. has bindingly agreed to the submitted purchase offer, by which he confirms that in particular the items do not originate from a criminal act, that in general all of the items are without exception free of third party rights and that the items are the unrestricted property of the customer over which he has full right of disposal, as well as to expressly agree with the amount of the purchase price. Gold&Co may refuse to accept items at any time even without justification. If the customer is an entrepreneur, the ownership of the purchased goods shall pass to Gold&Co already upon the conclusion of the contract.

6.2 Gold&Co buys scrap gold, broken gold, dental gold, coins, bars of precious metals as well as various other residual materials containing precious metals, resalable precious stones and watches. The purchase takes place either in one of the branches of Gold&Co, at a home appointment requested by the customer or within the framework of the "postal service" provided by Gold&Co. The customer allows the appraisal of the presented or sent items by a trained employee with the help of the state of the art professional and necessary inspection methods, as they are also presented on the website, among others. The basis of the valuation is the daily price determined by Gold&Co taking into account the stock exchange prices on the day of presentation or receipt of the offered items. Culturally and historically relevant items, valuable gems, watches or jewelry and branded items will be appraised at a realizable value based on a comparable price in a secondary market. Any processed gems that are not resalable for Gold&Co will be excluded from the valuation and will only be considered by weight.

6.3 Verification of authenticity: As a matter of principle, all employees will verify the authenticity of redemption items prior to the conclusion of the contract, while protecting the integrity as much as possible. In case of doubt, however, a surface abrasion customary in the industry must be carried out in order to be able to check the base material. The customer expressly and irrevocably agrees that, for the purpose of evaluating the material, it may be analyzed or modified in the laboratory (mechanically, thermally or chemically, if necessary) and that, if necessary, any gemstones incorporated may be removed and the redemption items may undergo a certain amount of surface abrasion in the course of the authenticity test, which shall not trigger any warranty obligation in the event that the purchase contract is not concluded. As a rule, the employee will obtain the customer's prior permission in the event of such an action. Such impairment of the object of redemption shall not give rise to a claim for the formation of a purchase contract or a claim for damages.

6.4 Professional setting of gemstones will be carried out by Gold&Co only after prior agreement and payment of EUR 15.00 per gemstone to be set by a professional. Upon special request of the customer, Gold&Co will detach these stones from the piece of jewelry - if possible with reasonable effort - whereby no guarantee or liability is assumed.

6.5 After examination of the items at hand, Gold&Co shall submit a written purchase offer to the Customer; the current purchase price on the day of the sale of goods shall be decisive.

6.6 Gold&Co does not usually purchase precious stones, but at most only remunerates the material value at the redemption rate. The purchase price depends on the fineness of the precious metal pieces, the weight and the quantity as well as the current daily rate on the stock exchange. If values above the material value are remunerated separately, this is done on the basis of attainable prices of comparable items on secondary markets and precious stones according to the guideline prices of the industry in the respective trading level and according to the assessment and experience of the respective appraiser.

6.7 Purchase price payments for items purchased by Gold&Co shall be made after the conclusion of the purchase contract either immediately in cash or by means of a settlement check or transferred within 7 working days after the sale to an account to be made known by the customer, over which the customer is authorized to dispose. If the purchase takes place within the framework of the Gold&Co "Postal Service", the purchase price is always paid by bank transfer. For a successful national transfer three working days are agreed as timely.

6.8 If no offer is submitted, items presented to Gold&Co shall be returned to the customer; items sent by post shall be returned to the address stated in the accompanying bill. Gemstones, fake gems or any other items that cannot be purchased will be returned or sent by post at the customer's request.

6.9 The determination of the selling price is based on the current purchase prices customary in the industry, which are adjusted to the stock exchange prices (spot prices). The buying and selling prices of the most important and most frequent products are published on our website www.goldundco.at continuously updated. For technical reasons of the website performance and the different end devices, the published prices can deviate slightly (depending on the daily volatility up to 1-5%) from the achieved prices. The binding purchase price is that which is indicated by the employee when the goods are present in the purchase and inspection process.

6.10. The value is determined by acid test and other suitable test methods. In order to be able to make a qualified value statement, it may be necessary to treat the surface slightly abrasively (polishing, rubbing, filing, grinding) at a concealed location (usually 0.2mm, in special cases up to 3mm - however, this only after consultation with the customer and his verbal agreement). The visual effects of tests are kept as inconspicuous as possible. The customer waives any rights to compensation or warranty in the event of such abrasion marks, as otherwise no purchase test can be carried out.

6.11. If a quality determination is not possible with the test methods at the POS, further tests will be carried out immediately in the laboratory if possible. For safety reasons, the customer has no right to enter the laboratory premises and this will only be granted in special cases and after consultation with the management in individual cases.

6.12. Mailing service for consumers: The customer orders either via the web form for sending free packaging material together with the sales form, instructions and GTCs or the customer downloads the sales form, instructions and GTCs, prints them and independently selects the appropriate packaging material according to the instructions. The goods are insured by Gold&Co for a maximum of EUR 5,000. For a valid insurance coverage by this shipping insurance, all points of the shipping instructions must be followed in the current version. In case of loss of parts or the whole shipment, the shipping insurance is liable if the instructions are followed accordingly. In case of damage, the customer has to cooperate in finding the necessary information, such as in particular the content, the quantity as well as the compliance with the packaging instructions, etc. for the insurance. The shipment of scrap gold, broken gold, dental gold, gold coins, as well as various other gold residual materials to Gold&Co is exclusively for the account and risk of the sender, unless the customer meets the requirements of the shipping insurance and shipping regulations.
Inspection and purchase offer: After passing through the acceptance and inspection of the goods, the customer will be informed either by phone or by mail about the result of the inspection and the determined purchase amount. If the purchase offer is confirmed by the customer by e-mail or by letter, the purchase price will be transferred to his account within 48 hours after acceptance. If the customer does not agree with the offer, the goods will be returned within one week (date of shipment) free of charge for the customer. If the customer is not available within a week to submit a purchase offer, the goods will be returned to the specified sender address after one month.

6.13. Reconditioning: Place of performance for the delivery of the precious metal scrap is the premises of Gold&Co, unless otherwise agreed. The customer shall bear the costs and the risk of delivery. The customer is responsible for proper transport and packaging and compliance with any instructions given by Gold&Co as well as legal or official regulations. Gold&Co reserves the right to increase the handling and processing costs included in the offer or in the order confirmation as well as to extend the return delivery or purchase deadlines in the event that special properties of the material, which were not known to Gold&Co at the time of acceptance of the order, require additional expenditure. As soon as Gold&Co becomes aware of the increase in handling and processing costs as well as the extension of the return delivery/purchase deadlines, the Customer shall be informed thereof immediately. Gold&Co shall only be liable for material losses that are not due to intent or gross negligence if these are covered by insurance policies of Gold&Co, but at most up to the respective value of the delivered material at the time of delivery. The customer shall bear all other risks, in particular he shall be liable for all damages which are due to a dangerous nature of the reworked material.

6.14. An invoice shall be drawn up on the basis of the weights determined prior to reworking and the determined content. It shall become binding if the customer does not object in writing within two weeks of receipt of the statement. The metals and precious metals obtained by reworking shall be credited to the customer.

6.15. The Customer expressly agrees that Gold&Co obtains a lien on the Customer's property which comes into its possession for existing and future claims.

7. ACTIONS

7.1 If Gold&Co offers promotions as part of a promotion, they are valid only in the specified period. The promotional offer cannot be transferred to third parties.

7.2 The "Best Price Guarantee" offered by Gold&Co from time to time in separately announced promotion days shall apply under special promotion conditions in each case and is a non-binding offer that adjusts to the current price fluctuations and is aimed exclusively at consumers. Commercial dealers are excluded from this "Best Price Guarantee". The "Best Price Guarantee" in the scrap gold trade includes the overpayment of a total price offer after deduction of any costs incurred on a given comparability basis of a comparable, local competitor with immediate payment, taking into account the underlying base gold rate or the locally usual achievable redemption rate of a refinery and only for scrap or smelted gold. All investment gold forms are purchased at the current daily prices and are excluded from this best price guarantee. The customer is not entitled to a certain amount of overpayment - Gold&Co is free to determine this, but at least 1 Euro on the total price.

7.3 Offers for which there is no basis for comparison, these are e.g. gram prices without total price indication, internet prices or internet offers which are not available in written form clearly related to the respective goods, verbal, unrealistic or not comprehensible offers, offers without company information, especially offers at a different base price, release Gold&Co from the "best price guarantee". The duration of the offer period is valid as announced or until revoked. Exchange rate fluctuations, errors, misprints and the like reserved.

8. WARRANTY

8.1 The warranty shall be governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the customer. In the event of justified complaints, the goods shall be repaired within a reasonable period of time. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), the customer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibitory action).

8.2 If possible, any defects occurring shall be notified upon delivery or after they become visible, whereby failure to notify a consumer upon delivery or after they become visible shall not affect the consumer's warranty claims.

9. LIMITATION OF LIABILITY, CLAIMS FOR DAMAGES

9.1 Gold&Co shall only be liable for damages in all relevant cases in the event of intent or gross negligence. In the event of personal injury, Gold&Co shall also be liable for slight negligence. This exclusion of liability shall also apply to consequential damages. Claims according to the product liability law remain unaffected.

9.2 In case of shipment of the goods in consumer transactions, the risk of loss or damage to the goods shall pass to the consumer only as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier.

9.3 The claim for damages for the breach of material contractual obligations shall in principle be limited to the foreseeable damage typical for the contract and to the amount of the (net) purchase value. This shall not apply to personal injury.

9.4 Liability towards customers as entrepreneurs shall expire after six months from knowledge of the damage and the damaging party.

9.5 Gold&Co shall not be liable for indirect damages, loss of profit, consequential damages, loss of interest, loss of savings, consequential and pecuniary damages, business interruptions, damages from third party claims. If a penalty has been agreed upon by an entrepreneur at the expense of Gold&Co, this is subject to the judicial right of moderation and the assertion of damages exceeding the penalty is excluded.

10. MONEY LAUNDERING/CYC/DATA PROTECTION

10.1 For all cash transactions with a value of EUR 10,000.00 or more, identification of the customer is required in accordance with the applicable money laundering regulations. For this purpose, the customer shall bring a valid photo ID for data collection. For orders in the online store, the customer must upload a copy of his photo ID in PDF, JPG, PNG format for orders with a value of EUR 10,000 or more. For all business transactions, the origin and ownership of the goods or funds must be plausibly proven. Gold&Co is also free to apply extended KYC (Know Your Customer) measures, also by using compliance check services of third parties.

10.2 All customer data collected by Gold&Co in the course of business cases will not be disclosed to third parties under any circumstances and will be stored and processed within the framework of the DSGVO. Regarding the data protection provisions, we refer to our privacy policy, which can be found at https://www.goldundco.at/.

11. CUSTOMER ACCOUNT

11.1 The customer can open a customer account during the purchase process in the online store. The customer account can only be viewed online. For the opening of the customer account, the following data must be truthfully provided: (i) name, (ii) date of birth, (iii) address, (iv) title, (v) telephone number, (vi) and e-mail address. If the customer fails to notify changes of the address capable of delivery, written statements of Gold&Co shall be deemed to have been received if they were sent to the last address notified by the customer.

11.2 A customer account is exclusively entitled to the person opening it. It is not possible to hold an account in the name of several or even other persons. Any access data must be kept secret. If the customer is registered, only this person shall be deemed to be authorized to make declarations of intent. Gold&Co reserves the right to introduce and use additional security measures for access to the customer account at any time as well as to reject customers without giving reasons.

11.3 Gold&Co is entitled to block access to the customer account at any time for important reasons. A customer account does not constitute a continuing obligation or other legal relationship; it primarily serves to assign purchased goods to a person in order to establish a personal relationship with the customer. Gold&Co is not liable for any damages that may arise from a blocking or termination of the customer account at the customer.

12. GUITTES

12.1 The Customer may purchase gift vouchers. A voucher can also be purchased in the form of an online voucher after receipt of payment. If the voucher is redeemed online in the webshop, the voucher code can only be used once. The customer enters the voucher code in the shopping cart and clicks on "Apply voucher". The value of the voucher will be added to the invoice amount. Vouchers cannot be used to purchase other vouchers or be paid out. A subsequent credit of a voucher to an order already placed is not possible. Only one voucher can be redeemed per order.

12.2 Vouchers must be redeemed at the latest by the end of the third year after the voucher or code has been sent; after that they lose their validity.

12.3 Gold&Co shall not be liable for the loss, theft or misuse or delayed transmission of the voucher or code.

12.4 In the case of promotional vouchers, there may be separate conditions for redemption (e.g. special redemption period, etc.).

13. OTHER PROVISIONS

13.1 All rights and obligations arising from the business relationship between Gold&Co and its customers shall pass to any legal successors. If the transfer of rights does not take place on the basis of the law, the customer undertakes to transfer the rights and obligations arising from the business relationship to its legal successor.

13.2 Gold&Co reserves the right to change the GTC due to changes in the legal situation, supreme court rulings, etc. or market conditions. Amended GTC shall be published accordingly to the customers at least one week before they come into force. The amended GTC shall apply as soon as a customer enters into a new contract for the first time after the expiry of the aforementioned notice period.

13.3 For the entire business relationship between Gold&Co, the applicability of Austrian law is agreed to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13.4 With respect to companies, the exclusive jurisdiction of the courts having jurisdiction over the subject matter at the registered office of Gold&Co (Vienna) shall be agreed for the resolution of all disputes arising from a contract - including disputes regarding its existence or non-existence.

13.5 If a customer expressly does not request a purchase inspection, no statement can be made about the quality of the offered goods in case of doubt. Any free appraisal offered to the customer shall be made exclusively verbally and shall result either in a binding purchase offer or in an estimate of a sales value in the relevant specialist trade. These statements are based on the experience and personal assessment of the respective appraiser, are non-binding and without legal claim for the customer. A written private appraisal is possible in principle, depending on the order situation. This is based on the respective valid fee schedule of the appraiser.

13.6 After inspection of the goods, the customer can also be informed by telephone or email of the result of the purchase inspection and valuation including the purchase price. The customer can confirm this by email and receive the respective determined purchase price transferred to his account within 48 hours. If the customer does not agree with the offer, the goods will be returned within one week free of charge to the customer at the specified address.

13.7 The customer agrees that objects or goods which have been examined as being fake or counterfeit and which, in particular due to their nature, marking or/and appearance, are confusingly similar to commercially available precious metal products, contradict a legal regulation and are suitable for the execution of a fraudulent act, shall be taken over by Gold&Co for disposal against reimbursement of the value of the precious material or shall only be handed over again by Gold&Co with the involvement of executive officers or the respective competent authority.

13.8 Should any of these provisions be invalid in whole or in part, this shall not affect the validity of the other provisions.

13.9 The Customer agrees to these GTC and confirms that he is neither a politically exposed person (PEP) nor has a close relationship with such a person.

14. ARBITRATION BOARD

Arbitration Board: Gold&Co undertakes to participate in the arbitration procedure of the Internet Ombudsman in case of disputes: www.ombudsmann.at. The OS platform can also be used for the settlement of disputes: https://ec.europa.eu/consumers/odr
Version: February 2023

Sample cancellation form

To

Gold & Co Luxury Goods Handels GmbH, Tuchlauben 7a, 1010 Vienna,

E-mail: info@goldundco.at

I hereby revoke the contract concluded by me for the purchase of the following goods

Received on:

Name of the consumer:

Address of the consumer:

Date:

Signature of the consumer: