1.SCOPE OF APPLICATION
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 conclusion of the contract shall apply. The contract language is German.
1.2 Deviating or supplementary terms and conditions - in particular general terms and conditions 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 the event of the use of general terms and conditions by it, the present general terms and conditions shall be assumed in case of doubt, 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 correspond to the product characteristics and descriptions according to the manufacturer. With the exception of 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 generally subject to a fee, unless otherwise agreed. The cost estimate is prepared to the best of our knowledge, but no guarantee can be given for its accuracy. Errors are expressly reserved.
1.5 For consumer customers, all clauses must be interpreted in a consumer-friendly manner.
2. CONTRACT OFFER AND CONCLUSION OF CONTRACT
2.1 Offers made by Gold&Co are subject to change and non-binding and shall apply at most as long as stocks last; this shall also apply in particular to the prices of precious metals.
2.2 The information contained on the website, in catalogs, brochures, sales pitches and the like shall not constitute a binding offer to the customer, but shall rather be qualified as an invitation to the customer to submit an offer to Gold&Co.
2.3 Unless otherwise agreed, the prices for purchase and sale transactions in euros valid at the time the contract is concluded shall be deemed to have been agreed, plus the respective statutory value added tax.
2.4 The documents forming part of the offer, in particular illustrations, drawings, plans, descriptions, cost estimates and other documents shall remain the property of Gold&Co, including the contents of existing copyrights. Information on properties, weight, dimensions and similar specifications shall only become part of the contract to the extent that they are used in Gold&Co's catalogs (of the respective manufacturers), circulars, brochures, advertisements, illustrations and price lists or verbal assurances in the course of business. Minor deviations (dimensions, color, quality) are possible and do not generally constitute a product defect.
2.5 Offers for an assortment of goods are valid for a maximum of 24 hours. Thereafter, Gold&Co reserves the right to pre-sell. The prices are not fixed, but can only be fixed once the purchase price has been received. The time of invoicing is usually taken as the time of final price fixing. The customer shall have the right to choose whether he wishes to determine the time of receipt of the funds by Gold&Co.
2.6 If a certain article is no longer in stock at the time of receipt of the funds and cannot be delivered within 7 working days, the customer may choose alternative adequate products without additional payment or withdraw from the contract.
3. RIGHTS OF WITHDRAWAL FOR 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 this period. In the case of contracts for the delivery of goods, the withdrawal period begins on the day of receipt by the consumer; in the case of contracts for the provision of services, it begins on the day the contract is concluded.
3.2 If we fail to fulfill our information obligations, the withdrawal period is 12 months from the date of receipt of the goods by the consumer. If the information is subsequently provided within this period, the period shall be 14 days from the date on which the information is subsequently provided. Timely dispatch of the declaration of withdrawal is sufficient to meet the deadline.
The goods (if any) must be returned to Gold&Co in unopened original packaging and undamaged, in the complete scope of delivery and in the same or equivalent shipping packaging at least as "registered mail" at the sender's own expense. The return shipment shall be at the risk and expense of the sender. In the case of unique products, in particular collector's items, the returned item or goods must be in exactly the same quality and condition as when delivered. Any deterioration or incorrect returns will be charged to the customer. Opened packaging seals also constitute a deterioration of the product. This does not apply to hidden defects that could not be detected from the description of the offer and/or the illustrations by a consumer who has exercised due care and inspection.
3.3 The declaration of withdrawal and return of goods must be addressed to: Walter Hell-Höflinger , Währingerstrasse 48/5, 1090 Vienna, [email protected], Tel: 01/23 50 222. You can use the withdrawal form attached at the end of the GTC, but this is not mandatory.
3.4 If the distance selling involves 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 under Section 3 (3) no. 4 KSchG or under Section 18 (1) no. 2 FAGG.
3.5 In special cases, Gold&Co may, at the customer's request, grant a cancellation fee of at least EUR 250 or 1.5% of the value of the goods as a gesture of goodwill, releasing the customer from the obligation to pay once the cancellation fee has been paid. After receipt of the cancellation fee, all mutual rights and obligations shall be deemed to have been fulfilled and the customer may not assert any claims of any kind whatsoever in or out of court. The matter shall be deemed to have been settled.
4. TERMS OF SALE AND PAYMENT
4.1 Contracts are only concluded with the declaration of acceptance of the order/sales offer and its content (e.g. by order confirmation or sending the invoice or actual correspondence etc.) or, in the case of an order, by delivery of the delivery item to the customer.
4.2 The parties agree delivery against advance payment or payment on Pick-Up, unless otherwise agreed. All prices are ex warehouse. In the case of payment in advance, the invoice amount is due and payable immediately upon receipt of the order confirmation, order confirmation or invoice without deductions. If the customer does not pay on time, he shall be in default without a reminder. The statutory default interest shall apply.
4.3 The following also applies to purchases in the online store: Any time restrictions on online orders are shown 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 a summary of the order. By clicking on the field "order with obligation to pay" or a similar field, the customer submits a binding offer to conclude a contract with the corresponding content.
4.4 All orders can only be accepted within the limits of the available quantities (e.g. limited editions). Gold&Co reserves the right to refuse orders without stating reasons or to accept only part of the ordered quantity, of which it shall inform the customer without delay. The customer shall not be entitled to compensation for any reductions in deliveries due to unavailable quantities.
4.5 Any maximum order quantities set for online orders apply per customer. The maximum quantities can be seen in the online store for the respective product.
4.6 Payments shall always be credited to the oldest outstanding invoice or claim. 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 shall be entitled, but not obliged, to accept partial payments on invoices issued by it.
4.7 The binding sales price basis shall be the current stock exchange price for precious metals at the time of payment by the customer after receipt in the Gold&Co account or, in the case of payment for the goods in cash or by debit card, the price stated by the employee in the course of the transaction. Any difference arising shall be settled in cash upon Pick-Up .
4.8 The customer's bank account must be in the name of the invoice recipient. In the event of a reversal, the money may 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 request 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 fulfillment of its own obligations until full payment or other performance, (ii) to claim a reasonable extension of the delivery period, (iii) to demand default interest at the statutory rate from the due date, subject to the assertion of increased actual damage caused by default, and (iv) to rescind the contract if a reasonable grace period is not complied with. In the event of default, the customer undertakes to reimburse Gold&Co for the dunning and collection expenses incurred, insofar as these are necessary for appropriate legal action and reasonable in relation to the claim; in particular, the customer undertakes to reimburse Gold&Co for any costs incurred in the event that a debt collection agency is called in, insofar as these do not exceed the maximum rates of remuneration due to debt collection agencies pursuant to the BMWA ordinance. In addition, any further damage, in particular also the damage caused by the fact that higher interest is incurred on any credit accounts as a result of non-payment, shall be reimbursed irrespective of fault for the default 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 security deposits for the performance of the agreed service. In any event, the customer shall be notified of these in good time. If the customer fails to comply with the request to provide security, 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 full performance of the customer's obligations, in particular payment of the purchase price including ancillary costs and interest, fees, expenses, etc. Any resale, pledging or transfer by way of security shall require the prior written consent of Gold&Co. If the goods are processed, mixed or combined with other material, Gold&Co shall acquire title to the resulting products in the ratio 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 incurred to restore the product to its original sales condition. The taking back of the goods subject to retention of title by Gold&Co shall not constitute a withdrawal from the contract.
4.13. The customer expressly agrees that all claims to which Gold&Co is entitled against the customer may be assigned to third parties for any purpose whatsoever. 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 that are disputed by Gold&Co or have not been established by a court of law shall not be permitted. The same shall apply to the assertion of a right of retention.
4.15. If Gold&Co subsequently becomes aware of circumstances which result in a significant deterioration in the customer's financial situation and if this jeopardizes the claim for payment, Gold&Co shall be entitled to declare all claims due and payable and to offset any payments.
5. DELIVERY
5.1 The delivery period to be agreed separately (according to the current terms of delivery) shall commence upon conclusion of the contract, but in no case before the customer has provided all permits, documents, approvals, etc. to be procured by the customer, and not before receipt of any agreed down payment. Compliance with the delivery period shall in any case require the fulfillment of all main and ancillary contractual obligations by the customer. The agreement of binding deadlines (firm deals) shall require express designation and confirmation by Gold&Co.
5.2 Only the quantities, weights or unit numbers determined by the supplying plant or warehouse at the time of dispatch shall be 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 event of shipment shall not pass to the customer until handover. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
5.4 Gold&Co shall agree with the customer the date of delivery of the goods, but in the case of advance payment at the earliest after receipt of the purchase price. Delivery shall be made by a transport company of Gold&Co's choice 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, as an exact delivery time varies for security and logistical reasons with the transport companies and cannot be agreed. The same applies analogously to the collection of goods (purchase). The customer is obliged to participate in the acceptance appointment and to sign an acceptance protocol if necessary. Each consignment must be checked by the recipient in the presence of the deliverer for integrity and completeness upon acceptance, any discrepancies must be recorded and, if reasonable, Gold&Co must be informed immediately in writing.
5.5 The customer shall not be entitled to refuse acceptance of the service due to minor defects that do not or do not significantly impair the fitness for use or the value in use. Any traces of storage on investment products or their packaging, as they do not lead to price reductions when purchased from Gold&Co and the relevant specialist retailers, shall not constitute defects within the meaning of the limitation of the value in use or product defects, as agreed.
5.6 The place of performance for purchased goods shall be the current registered office of Gold&Co.
5.7 If available, documents relating to the goods must also be sent to Gold&Co. Missing certificates or damaged packaging shall constitute a restriction of the utility value.
5.8 The customer as seller undertakes to ship the goods adequately insured, unless Pick-Up goods are already insured by Gold&Co. The shipping packaging must correspond to one used by Gold&Co or equivalent or to one specified in Gold&Co's current shipping and packaging instructions, the current version of which can be viewed on the websiteMail-In Service). The shipment shall be made in such a way that Gold&Co must acknowledge receipt of the shipped goods (registered letter with signature). The sender shall bear 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 met if Gold&Co has dispatched the delivery item by its expiry or has notified the customer in writing that the goods are ready 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 Gold&Co's sphere of influence (except for obstacles caused by Gold&Co's own fault), insofar as such obstacles demonstrably affect the completion or delivery of the delivery item, such as in particular delays caused by 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 with subcontractors. If delivery is impossible due to such circumstances, both contracting parties have the right to withdraw from the contract without the customer being entitled to any claims whatsoever. This shall also apply in the event that the aforementioned circumstances occur during an existing delay.
5.10. If the dispatch of goods ready for shipment is not possible through no fault of Gold&Co or is not requested 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 shall be entitled either to insist on performance of the contract or to rescind the contract after setting a reasonable grace period of at least one week.
5.11. Deliveries of goods shall be made in the quality customary in the trade. In the case of purchase by sample or specimen, the properties of the sample or specimen shall not be deemed to be warranted.
5.12. In the absence of any agreement to the contrary, the goods shall be deemed sold ex works (ready for collection). The place of performance shall be the receiving office designated by Gold&Co, for payments the registered office of Gold&Co.
5.13. Shipment and packaging by Gold&Co shall be carried out to the best of its judgment and Gold&Co shall not be liable for the most cost-effective shipment for the customer. If the customer requests a specific type of shipment and packaging, this shall be agreed separately, and 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 unobjectionable acceptance of the goods by the forwarding agent or carrier shall suffice as proof of faultless packaging.
5.15. Unless the customer issues specific instructions to Gold&Co, Gold&Co shall be entitled to cover the transportation insurance or, in the case of precious metal transactions, the securities insurance on behalf of and for the account of the customer.
5.16. The customer warrants to Gold&Co that all data required for the order or the purchase are truthful and complete and that it will inform Gold&Co of any changes to its personal data (address, telephone, e-mail, etc.). Defective delivery or delivery due to inadequate or incorrect information provided by the customer shall be at the customer's expense.
5.17. The shipment of old gold, broken gold, dental gold, gold coins and various other residual gold materials to Gold&Co is insured up to EUR 5,000.00 provided that the shipping and packaging instructions, which can be viewed in the currently valid version on the website, are complied with. Unannounced shipments or shipments sent contrary to these shipping instructions are not insured and are sent exclusively at the expense and risk of the sender. If a sale is made in the course of the postal service pursuant to clause 6.12, Gold&Co shall insure the goods sent in compliance with the current version of the shipping instructions at the material value. The sender shall bear the burden of proof for the value of the contents vis-à-vis the insurer.
5.18. Without exception, Gold&Co shall only assess and evaluate consignments to which the accompanying letter provided by Gold&Co GmbH has been completed and signed by the customer and a copy of the customer's official photo ID has been enclosed. The relevant cover letter can be downloaded from the website and printed out or requested via a web form or by post.
5.19. Gold&Co shall - depending on the workload - process the consignments within 5 working days at the latest and prepare a purchase offer. If Gold&Co does not submit an offer to the customer or if this offer is rejected by the customer, the items submitted to Gold&Co shall generally be returned to the sender's address stated in the accompanying letter, freight collect, unless otherwise agreed. In the event of a delay, Gold&Co shall inform the customer in writing or by telephone and specify 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 the event of a purchase, the contract shall not be deemed concluded until the customer has signed the written declaration transmitted by Gold&Co, i.e. has given its binding consent to the purchase offer transmitted, confirming in particular that the items do not originate from a criminal offense, that all of the items are free of third-party rights without exception and that the items are the unrestricted property of the customer, over which it has full power of disposal, and that it expressly agrees to the amount of the purchase price. Gold&Co may refuse to accept items at any time without giving reasons. If the customer is an entrepreneur, ownership of the purchased goods shall pass to Gold&Co upon conclusion of the contract.
6.2 Gold&Co buys old gold, broken gold, dental gold, coins, bars of precious metals and various other precious metal-containing residual materials, resalable precious stones and watches. The purchase takes place either in one of Gold&Co's branches, at an appointment requested by the customer or as part of the "postal service" provided by Gold&Co. The customer shall allow the items presented or sent to Gold&Co to be appraised by a trained employee with the aid of state-of-the-art, professional and necessary inspection methods, such as those presented on the website. The basis of the valuation is the daily price determined by Gold&Co on the day of presentation or receipt of the items offered, taking into account the stock market prices. Items of cultural-historical relevance, valuable gemstones, watches or jewelry and branded articles shall be valued at a sale value based on a comparable price in a secondary market. Any processed gemstones that cannot be resold by Gold&Co are excluded from the valuation and are only taken into account by weight.
6.3 Verification of authenticity: In principle, all employees shall verify the authenticity of redeemable items before concluding the contract, taking the greatest possible care to preserve their integrity. 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 embedded gemstones may be removed and the redeemable 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 consent for such a measure. Such an impairment of the object of redemption does not justify a claim for the conclusion of a purchase contract or a claim for damages.
6.4 Gold&Co shall only have gemstones professionally set by a professional after prior agreement and payment of EUR 15.00 per gemstone to be set. At the special request of the customer, Gold&Co shall remove these stones from the piece of jewelry - if possible with reasonable effort - whereby no warranty or liability shall be assumed.
6.5 After appraisal of the items in question, Gold&Co shall submit a written purchase offer to the customer; the current purchase price on the day of the sale of the goods shall be decisive.
6.6 Gold&Co generally does not purchase precious stones, but only pays the material value at the redemption price. The purchase price depends on the fineness of the precious metal pieces, the weight and quantity as well as the current daily price on the stock exchange. If values above the material value are remunerated separately, this is done on the basis of achievable prices for comparable items on secondary markets and gemstones according to the industry's guide prices at 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 crossed cheque or within 7 working days after the sale to an account to be specified by the customer and over which the customer is authorized to dispose. If the purchase takes place as part of the Gold&Co "postal service", payment of the purchase price shall always be made by bank transfer. For a successful national bank transfer, three working days shall be agreed as being 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 on the consignment bill. At the customer's request, set gemstones, fakes or any other items that cannot be purchased shall be returned or sent by post carriage forward.
6.9 The selling price is determined on the basis of the current purchase prices customary in the industry, which are adjusted to the 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 and are continuously updated. For technical reasons relating to website performance and the different end devices, the published prices may deviate slightly from the prices achieved (up to 1-5% depending on daily volatility). The binding purchase price is the price quoted by the employee when the goods are presented during the purchase and inspection process.
6.10. The value is determined by means of an 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) in a concealed area (usually 0.2 mm, in special cases up to 3 mm - but only after consultation with the customer and his verbal consent). The visual effects of tests are kept as inconspicuous as possible. The customer waives any claims for damages or warranty rights in the event of such abrasion marks, as otherwise no purchase inspection can take place.
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. Mail-In Service for consumers: The customer either orders via the web form for the delivery of free packaging material including sales form, instructions and GTCs or the customer downloads the sales form, instructions and GTCs, prints them out and selects the appropriate packaging material independently according to the instructions. The goods are insured by Gold&Co for a maximum of EUR 5,000. For valid insurance cover under this shipping insurance, all points of the shipping instructions must be followed in the current version. If parts or the entire shipment are lost, the shipping insurance shall be liable if the instructions are followed. In the event of damage, the customer must cooperate in providing the insurance company with the necessary information, in particular the contents, quantity and compliance with the packaging instructions, etc. The sending of old gold, broken gold, dental gold, gold coins and various other residual gold materials to Gold&Co shall be exclusively at the sender's expense and risk, unless the customer fulfills the requirements of the shipping insurance and the shipping regulations.
Inspection and purchase offer: After the goods have been accepted and inspected, the customer will be informed of the result of the inspection and the determined purchase price either by telephone or by e-mail. If the purchase offer is confirmed by the customer by e-mail or letter, the purchase price will be transferred to the customer's account within 48 hours of acceptance. If the customer does not agree with the offer, the goods will be returned to the customer free of charge within one week (date of dispatch). If the customer cannot be reached within one week to submit a purchase offer, the goods will be returned to the specified sender's address after one month.
6.13. Processing: Unless otherwise agreed, the place of performance for the delivery of precious metal scrap shall be Gold&Co's premises. The customer shall bear the costs and risk of delivery. The customer shall be responsible for proper transportation and packaging and for compliance with any instructions issued by Gold&Co as well as with statutory or official regulations. Gold&Co reserves the right to increase the handling and processing costs contained in the offer or in the order confirmation and to extend the return delivery or purchase periods 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 expenses. As soon as Gold&Co becomes aware of the increase in handling and processing costs and the extension of the return delivery/purchase periods, the customer shall be informed immediately. Gold&Co shall only be liable for material losses not caused by intent or blatant gross negligence to the extent that they are covered by Gold&Co's insurance policies, but at most up to the respective value of the material delivered at the time of delivery. The customer shall bear all other risks; in particular, it shall be liable for all damage attributable to the hazardous nature of the reworking 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 shall acquire a lien for existing and future claims on items belonging to the customer which come into its possession.
7. ACTIONS
7.1 If Gold&Co offers promotions within the framework of a promotion, these are only valid during 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 on specially announced campaign days applies under special campaign conditions and is a non-binding offer that is adjusted to current price fluctuations and is aimed exclusively at consumers. Commercial traders are excluded from this "best price guarantee". The "best price guarantee" in the old gold trade includes the overpayment of a total price offer after deduction of any costs incurred, given a comparable local competitor with immediate payment, taking into account the underlying base gold price or the locally usual achievable redemption price of a refinery and only for old or fused gold. All forms of investment gold 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, e.g. gram prices without a total price indication, Internet prices or Internet offers that are not clearly available in writing for the goods in question, verbal, unrealistic or incomprehensible offers, offers without company details, in particular offers at a different base price, shall release Gold&Co from the "best price guarantee". The duration of the offer period applies as announced or until revoked. Price fluctuations, errors, misprints, etc. reserved.
8. WARRANTY
8.1 The warranty shall be governed by the statutory provisions. It shall be limited to the statutory period of 24 months from acceptance of the goods by the customer. In the event of justified complaints, improvements shall be made, for which a reasonable period of time shall be granted. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay, etc.), the customer shall be entitled to a price reduction or, if the defect is not minor, rescission of the contract (rescission).
8.2 Defects that occur must be reported as soon as possible upon delivery or after they become apparent, whereby failure to report them upon delivery or after they become apparent by a consumer has no influence on 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 case of personal injury, Gold&Co shall also be liable for slight negligence. This exclusion of liability shall also apply to consequential damages. Claims under the Product Liability Act shall remain unaffected.
9.2 When the goods are shipped in consumer transactions, the risk of loss or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier.
9.3 The claim for damages for the breach of essential contractual obligations is generally limited to the foreseeable damage typical for the contract and the amount is limited to the (net) purchase value. This does not apply to personal injury.
9.4 Liability towards customers as entrepreneurs shall expire six months after knowledge of the damage and the damaging party.
9.5 Gold&Co shall not be liable to companies for indirect damages, loss of profit, consequential damages, loss of interest, failure to realize savings, consequential and financial losses, business interruptions, damages arising from third-party claims. If a penalty has been agreed by an entrepreneur at the expense of Gold&Co, this shall be subject to the judicial right of moderation and the assertion of damages in excess of the penalty shall be excluded.
10. MONEY LAUNDERING/CYC/DATA PROTECTION
10.1 For all cash transactions with a value of EUR 10,000.00 or more, the customer must be identified in accordance with the applicable money laundering regulations. For this purpose, the customer must provide a valid photo ID for data collection. For orders in the online store, the customer must upload a copy of their photo ID in PDF, JPG, PNG format for orders with a value of EUR 10,000.00 or more. In 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, including the use of third-party compliance check services.
10.2 All customer data collected by Gold&Co in the course of business transactions will under no circumstances be passed on to third parties and will be stored and processed in accordance with the GDPR. With regard to data protection regulations, please 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 as part of the purchase process in the online store. The customer account can only be viewed online. The following data must be provided truthfully in order to open a customer account: (i) name, (ii) date of birth, (iii) address, (iv) title, (v) telephone number, (vi) and e-mail address. If the customer fails to notify Gold&Co of any changes to the deliverable address, written declarations shall be deemed to have been received by Gold&Co if they were sent to the last address notified by the customer.
11.2 Only the person opening the account is entitled to a customer account. It is not possible to manage an account for several persons or even for third parties. Any access data must be kept secret. If the customer is registered, only the customer shall be deemed 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 and to reject customers without giving reasons.
11.3 Gold&Co shall be entitled to block access to the customer account at any time for good cause. A customer account does not constitute a continuing obligation or any 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 shall not be liable for any damages that may arise for the customer from a blocking or termination of the customer account.
12. COUPONS
12.1 The customer can 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 deducted from the invoice amount. Vouchers cannot be used to purchase other vouchers or paid out. It is not possible to subsequently apply a voucher to an order that has already been placed. 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 accepts no liability for the loss, theft, 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 by operation of 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 amend the GTC due to changes in the legal situation, supreme court rulings, etc. or market conditions. Amended GTC shall be published to clients at least one week before they enter into force. The amended GTC shall apply as soon as a customer concludes a new contract for the first time after expiry of the aforementioned notice period.
13.3 It is agreed that the entire business relationship between Gold&Co shall be governed by Austrian law, 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 to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
13.4 The courts at the registered office of Gold&CoVienna shall have exclusive jurisdiction over all disputes arising from a contract, including disputes regarding its existence or non-existence.
13.5 If a customer expressly does not wish a purchase inspection, no statement can be made about the quality of the goods offered in case of doubt. Any estimate offered to the customer free of charge shall be made exclusively verbally and shall result either in a binding purchase offer or in an estimate of a sale value in the relevant specialized 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 generally possible depending on the order situation. This is based on the respective valid fee schedule of the expert.
13.6 After checking the goods, the customer can also be informed of the result of the purchase check and valuation, including the purchase price, by telephone or email. The customer can confirm this by email and receive the purchase price determined in each case transferred to his account within 48 hours. If the customer does not agree with the offer, the goods will be returned to the customer at the specified address within one week free of charge.
13.7 The customer agrees that objects or goods tested as fake or counterfeit which, in particular due to their nature, marking and/or appearance, are confusingly similar to commercially available precious metal products, contradict a legal regulation and are suitable for carrying out 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 returned by Gold&Co with the involvement of law enforcement officers or the competent authority.
13.8 Should one 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 body: Gold&Co undertakes to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes: www.ombudsmann.at. The ODR platform can also be used to resolve disputes: https://ec.europa.eu/consumers/odr
Version: February 2023
To
Gold & Co Luxury Goods Handels GmbH, Tuchlauben 7a, 1010 Vienna,
E-mail: [email protected]
I hereby revoke the contract concluded by me for the purchase of the following goods
| Quantity | Item number | Designation |
Received on:
Name of the consumer:
Address of the consumer:
Date:
Signature of the consumer:
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