Terms & Conditions

General Business, Delivery and Payment Terms & Conditions of holewa EDELMETALLE GmbH & Co. KG

§ 1 Contract conclusion

§ 1.1 Our offers for sale and purchase are subject to change without notice and are not binding. The customer orders/sells by telephone, fax or by submission of a form on the website. In the latter method the customer is again shown all information entered and can correct this prior to submitting the order/sales offer.

§ 1.2 Contracts are only entered into after our statement of acceptance of the order/sales offer and its contents (via order confirmation or sending the invoice) or in the case of an order by delivery of the items to the contracting party. The statement of acceptance may be made by telephone or in writing.

§ 1.3 Unless otherwise agreed, the parties agree to delivery upon advance payment.

§ 1.4 Contract data will be stored by holewa EDELMETALLE GmbH & Co. KG. It is not possible for customers to subsequently retrieve contract data.

§ 2 Trading hours, prices

§ 2.1 Unless otherwise agreed, it is agreed that the prices applicable on the day of contract conclusion apply to transactions in euros plus VAT.

§ 2.2 Our normal trading hours on business days from 8:00 am to 5:30 pm shall apply. The current rates of our online shop apply to offers submitted during these trading hours. Should offers be submitted outside trading hours, the rate that is current at the beginning of the next trading hour apples.

 § 3 Payment terms, arrears, counterclaims

§ 3.1 The full invoice amount is due and payable immediately after receipt of order confirmation for payment in advance or otherwise upon receipt of the invoice. Should payment from the contracting party not ensue within three value days from the due date, he falls into arrears.

§ 3.2 Should non-compliance with delivery deadlines be due to force majure, e.g. mobilisation, war, rebellion, force of nature or similar events, e.g. strike, lockout, the deadlines shall be extended for a reasonable period of time.

§ 3.3 Delay in delivery by holewa holewa EDELMETALLE GmbH & Co. KG occurs only when no delivery is made at the agreed delivery time and no response to a written reminder ensues for more than 4 weeks. In so far as delivery deadlines cannot be complied with due to bottlenecks on the international commodities markets, the aforementioned deadline shall be extended for 8 weeks. holewa holewa EDELMETALLE GmbH & Co. KG shall accordingly notify the customer of such delays.

§ 3.4 The delay in delivery shall have no bearing on consumer/entrepreneur agreed rates. These shall apply as agreed.

§ 3.5 In the unlikely event that our supplier is unable to provide us with the ordered item, we are entitled to withdraw from the contract. The purchase order then loses validity and we will promptly notify your of this fact.

§ 3.6 The contracting party shall only be entitled to a right of set-off or retention provided that his counter claims have been judicially determined, or are uncontested or acknowledged by us.

§ 3.7 Should we become aware of any kind of circumstances that call the contracting party’s creditworthiness into question, holewa holewa EDELMETALLE GmbH & Co. KG is entitled to present the entire remaining debt as due and to retain any goods not yet delivered or to demand payment or collateral.

§ 4 Delivery and passing of risk

§ 4.1 We are entitled to make partial deliveries of goods and services, unless the partial delivery or service has been excluded by contract.

§ 4.2 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item delivered by holewa holewa EDELMETALLE GmbH & Co. KG , including forwarding transactions, is first passed to the customer upon handover of the item. Default of acceptance by the customer is equal to handover.

§ 4.3 If the customer is an entrepreneur, the risk is transferred to the buyer for delivery by holewa holewa EDELMETALLE GmbH & Co. KG , even for freight-free delivery, when the goods have been handed over to the freight-forwarder or have left our warehouse for the purpose of dispatch. If dispatch is delayed upon request of the contracting party, risk passes to him upon notification of readiness for dispatch. Default of acceptance by the contracting party is equal to handover.

§ 4.4 In the event payment is made in advance holewa holewa EDELMETALLE GmbH & Co. KG shall arrange the day of dispatch with the contracting party upon receipt of the purchase price. Delivery shall be carried out by a freight forwarding company.

§ 4.5 Carrying out the transport has no influence on the place of performance.

§ 5 No right of revocation for precious metals

According to § 312d Paragraph 4 Number 6 of the German Civil Code (BGB) there is no right to revocation, because the object of the distance contract is the delivery of goods whose prices are subject to fluctuations on the financial markets over which the trader has no influence.

§ 6 Material defects
We shall be liable for material defects as follows:

§ 6.1 All parts or services where a defect becomes apparent within the limitation period shall, at the our discretion, be repaired, replaced or provided again free of charge, provided that the reason for the defect had already existed at the time when the risk passed.

§ 6.2 The contracting party shall bear the burden of proof for the defectiveness at the time risk is passed.

§ 6.3 Claims based on defects are subject to a limitation period of 12 months. This shall not apply where longer periods are prescribed by law as well as in cases of injury of life, body or health, or where we intentionally or grossly negligently fail to fulfil our obligation or fraudulently conceal a defect. The legal provisions regarding expiration, suspension and recommencement of limitation periods remain unaffected.

§ 6.4 The contracting party shall reprimand us for obvious defects within a period of 3 days after receipt of the delivery item, for hidden defects immediately upon discovery; otherwise the assertion of warranty claims is excluded. Timely dispatch is sufficient to comply with the deadline. The contracting party bears the full burden of proof that all the conditions for a claim are met, especially for the defect itself, for the point in time when the defect is established and that the defect is reported in time.

§ 6.5 We must first be given an opportunity to rectify the faults within a reasonable period. If supplementary performance is twice unsuccessful, the contracting party shall be entitled to withdraw from the contract or reduce the remuneration. If the contracting party opts to withdraw from the contract after failure of supplementary performance, he has no further right to compensation due to the defect. If the contracting party opts for compensation after failure of supplementary performance, the goods remain with him if reasonable. Compensation is limited to the difference between the purchase price and the value of the defect-free item. This does not apply if we fraudulently caused the breach of contract.

§ 6.6 Descriptions made of characteristics, as part of preliminary discussions and information as well as in brochures or advertising promotions, shall not be construed as a guarantee or the assurance of a characteristic.

§ 7 Scope of application

§ 7.1 The preceding and following Terms & Conditions shall apply to all deliveries, services, offers, purchases or any other trading transactions of holewa holewa EDELMETALLE GmbH & Co. KG , located in Jechtingen, in contractual relations with consumers and entrepreneurs.

§ 7.2 They are applicable to all future business relationships, even if they are not expressly agreed upon again.

§ 7.3 Consumers and entrepreneurs are such in terms of the German Civil Code (BGB).

§ 7.4 By placing an order, at the latest, however, by accepting our services or delivery, the consumer/entrepreneur acknowledges these Terms & Conditions.

§ 7.4 These Terms & Conditions shall apply exclusively. Counter-confirmations of the contracting party with reference to the applicability of his Terms & Conditions are herewith rejected.
Deviations and amendments of these Terms & Conditions only take effect if confirmed in writing. Should, in spite of the aforementioned stipulations, Terms & Conditions conflict, the provisions set forth here take precedence.

§ 8 Retention of title
Goods remain our property until paid in full.

§ 9 Limitation of liability, claims for damages

§ 9.1 Claims for damages and compensation by the contracting party (hereafter: claims for damages), irrespective of their legal basis, in particular on the grounds of breach of duties in connection with the obligation and from unlawful acts, are excluded.

§ 9.2 This does not apply in cases of mandatory liability according to legal provisions. The claim for damages in case of breach of fundamental contractual obligations is however limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence or there is liability on account of injury to life, limb or health.

§ 10 Money laundering
For cash transactions of €15,000.00 or more personal identification by means of a valid identity card or passport is mandatory according to the provisions o the German Money Laundering Act (GwG). Identification is done by submitting a copy of the required ID.