General Terms and Conditions
Table of Contents
§ 1 Scope of Application and Contractual Partners
§ 2 Conclusion of Contract
§ 3 Prices and Incidental Expenses
§ 4 Payment and Reservation of Title
§ 5 Delivery and Passing of Risk
§ 6 Liability for Defects and Damages
§ 7 Mandatory Identification Pursuant to the Money Laundering Act
§ 8 Choice of Law and Venue
§ 1 Scope of Application and Contractual Partners
(1)These General Terms and Conditions apply to all contracts concluded between you as the customer and us as the operator of the Degussa Online Shop (http://shop.degussa-goldhandel.ch). By taking part in the ordering process, you accept the General Terms and Conditions in the version that is valid at the time of the order.
(2) The operator of the Online Shop and your contractual partner is:
Degussa Goldhandel AG, Oberneuhofstrasse 12, 6340 Baar (Degussa), registered with the commercial register of the local court of
Zug under HRB CH-170.3.035.038-9.
VAT ID no: CHE-116.134.581
Email: info@degussa-goldhandel.ch
Telephone no.: +41 44 403 4110
Fax: +41 44 403 4115
(3) The General Terms and Conditions regulate the details of the contractual relationship and contain important consumer information in their legally valid version. You can access the General Terms and Conditions via links in our Online Shop at any time, store them on your computer and/or print them. The General Terms and Conditions will also be sent to you by us in text form upon conclusion of the contract or at the latest together with the merchandise.
(4) Our presentation of merchandise in the Online Shop caters exclusively to customers who have their ordinary residence in one of the following countries: Switzerland.
(5) Right of withdrawal: Unlike consumer goods for which there is a right of withdrawal for the consumer, there is no right of withdrawal for financial products such as physical precious metal bars or coins. The prices of our products are subject to market fluctuations over which we have no influence. For this reason, the customer cannot be granted a right of withdrawal, nor does such a right exist under Swiss law. Physical precious metals are financial products that are to be classified like listed shares on the stock exchange or structured products. The Customer shall fully compensate Degussa for any costs and expenses in the event of non-acceptance or withdrawal of his order.
§ 2 Conclusion of Contract
(1) Our presentation of merchandise in the Online Shop does not, as yet, represent a binding sales offer. The offer to conclude a sales contract is made by you as the customer when after filling in completely the form on the order page you click the ‘ORDER WITH OBLIGATION TO PAY’ button. An order is binding upon you for two days; that is, the contract is binding if we accept your order within this period. We expressly reserve the right to refuse or reject orders, particularly from such customers who have been dilatory in payment or otherwise proven to be unreliable.
(2)After placing an order, you will receive an email from us acknowledging that we have received your order. We will confirm either our acceptance or rejection of your order in the email acknowledging your order or in a separate email. If the contract between us is formed (order acceptance), we will again apprise you of our bank account to which the invoiced amount is to be transferred as set out in § 4. As soon as we receive the invoiced amount and the documents required by the Money Laundering Act for transactions in excess of CHF 15,000.00 (certified passport copy and form A), we will send you the merchandise or have it ready for you to collect, and notify you by email when your merchandise has shipped or is ready for collection. If it is to be collected in our store in Zurich or Genève, a copy of the passport does not need to be certified as the presentation of the passport will suffice.
§ 3 Prices and Incidental Expenses
(1)The final prices given in our Online Shop include applicable taxes and all other price components. They are in CHF and subject to the incidental expenses set out below.
(2) We deliver only within the territory indicated in §1, paragraph 4, under the terms and at the costs set out under the heading of "Shipping and Delivery" in our Online Shop. At this time there is the option of delivery by valuables courier to an address provided by you, or free-of-charge collection in person at our store in Zurich or Genève. The cost of the valuables courier is CHF 25.00 for orders up to CHF 25,000.00; beyond, it´s free of charge.
§ 4 Payment
(1) At this time, payment of the purchase price is in advance only (prepaid by bank transfer) to the following account:
Bank: UBS Zürich AG
Account Name: Degussa Sonne/Mond Goldhandel AG
IBAN: CH16 0023 023 010241 802J
BIC/SWIFT: UBSWCHZH80A
(2)We will again apprise you of the invoiced amount and our bank account in the confirmation of order acceptance. The invoiced amount is due immediately by bank transfer and must be credited to our account within three days at the latest; otherwise we shall be entitled to withdraw from the contract even without setting an additional grace period for payment (fixed date transaction). Recourse to our other respective legal entitlements and rights, in particular to payment of the purchase price, late interest and/or compensation, shall remain unaffected thereby. In case of late or non-payment, we shall be entitled to claim compensation in an amount no less than any interim change in the price of the product on the financial market.
§ 5 Delivery and Passing of Risk
(1)he merchandise is sent from our central logistics depot in Zurich, which is also the place of performance. If it is to be collected in person, the place of performance is our store in Zurich. Delivery is made to the agreed address only, and to you in person or to an authorized recipient granted this authority by a written power of attorney to take delivery. Delivery to a post-office box, parcel pick-up station or the like is not possible. The available delivery options and shipping costs are set out in § 3, paragraph 2.
(2) Your precious metal is fully insured by us and will be delivered by a prestigious Swiss shipping company.
(3)Our stated delivery times are calculated from the date of our order acceptance, subject to the payment of the purchase price in advance. Delivery takes 1 to 3 working days unless otherwise stated for the respective merchandise in our Online Shop.
(4)We will notify you immediately in the event that we are unable to deliver within the contracted period for reasons beyond our control (unavailability of the merchandise, e.g. as a result of a failure to deliver or a late delivery by our suppliers that occurs through no fault of ours, or force majeure), where possible, stating a new probable delivery date. If the new delivery date is unacceptable to you or if the merchandise remains unavailable during the new delivery period or beyond, both contracting parties shall be entitled to withdraw from the contract as it applies specifically to the unavailable merchandise; in this case, we will immediately refund any previous payment. The statutory rights of both contracting parties remain unaffected thereby.
(5)If no authorized recipient is present at the address provided by you at the agreed time - that is, during valuables couriers’ standard hours of delivery (Monday to Friday 8 a.m. to 5 p.m.) – then our designated forwarding agent will leave written notice for you providing further information, in particular the date at which a renewed delivery attempt will be made and the contact information necessary to arrange an alternative date.
(6)Ordered goods with collection in our shop must be picked up within 30 days. Ordered goods with delivery must be able to be delivered within 30 days. After this period, the storage of your goods is chargeable at CHF 35.- per month or 432.-, incl. VAT per year.
§ 6 Liability for Defects and Damages
(1)Our liability for defects and damages shall be governed by the statutory provisions insofar as nothing to the contrary is regulated in the following.
(2)In the event of breaches of duty – irrespective of the cause in law – our liability for damages extends to intent and gross negligence. Our liability for slight negligence shall be limited to: damages arising from injury to life, body and health, and damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is a prerequisite for the proper performance of the contract and which the contractual partner regularly expects and can expect to be met); in this case, however, our liability shall be limited to reimbursement of the foreseeable damage typically occurring.
(3)The above limitations of liability shall not apply to claims under the Product Liability Act.
§ 7 Mandatory Identification Pursuant to the Money Laundering Act
(1)Insofar as we are subject to the requirement of the Money Laundering Act (Geldwäschereigesetz, GwG) to identify the customer and, where applicable, the beneficial owner, you as our contractual partner are required by law to cooperate, specifically to provide the information and documents necessary for identification, and to notify us immediately of any changes occurring in the course of the business relationship.
(2) The aforementioned statutory provisions specify that for cash transactions in excess of CHF 15,000, our company is required to identify the given customer and, where applicable, the beneficial owner. To this end, the customer shall provide the personal information necessary for identification and disclose whether the business relationship or transaction is to be established, continue or carried out on his behalf or on behalf of a beneficial owner. As a rule, proof of identity is established by presenting an original identity card or passport. If the customer is a corporate entity or other undertaking, it shall provide an excerpt from a commercial, cooperatives or similar official register and other necessary or suitable documents, for example, the current deed of partnership for a partnership under the Civil Code. Where applicable, the customer shall also provide the name of the beneficial owner and substantiate his identity as described above. We are entitled to produce a copy of the documents presented for identity verification, which we will retain in accordance with the statutory provisions.
Please note that the identification of the beneficial owner(s) is also required as soon as the sum of all subsequent transactions within a calendar year exceeds CHF 15,000. In the event that the sum exceeds CHF 15,000 (within one calendar year), please fill in, sign and mail the form to us together with a certified copy of the passport (which any post office will authenticate for you).
§ 8 Choice of Law and Venue
(1)This contractual relationship shall be governed by and interpreted in accordance with the laws of Switzerland under the exclusion of uniform material rules, in particular the rules of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions of the Consumer Protection Act remain unaffected thereby.
(2)The statutory provisions governing the venue shall apply when the buyer is a consumer. If the buyer is a merchant, a legal entity under public law or a public fund, the sole national and international legal venue for all disputes under this contractual relationship shall be our place of business at Zurich, Switzerland. This shall also apply if the buyer is any other form of undertaking. However, we shall also be entitled to bring actions in the place at which the delivery commitment is fulfilled pursuant to Section 5 or in accordance with a superseding separate arrangement, or at the general legal venue of the buyer.
As at: September 2022