Terms and Conditions (T&C)

General Terms and Conditions of GOLDINVEST Edelmetalle GmbH
Seilerstätte 15, A-1010 Vienna, FN 311572 w, competent court: Commercial Court Vienna, VAT No. ATU64291304

I. Applicability

The deliveries, services, and offers of our company are made exclusively based on these terms and conditions; we do not recognize any conflicting or deviating conditions of the customer unless we have expressly agreed to their validity. Actions of contract fulfillment on our part do not constitute acceptance of contractual conditions deviating from our terms. These terms and conditions apply as a framework agreement for all further legal transactions between the contracting parties.

II. Conclusion of Contract

A contractual offer from a customer requires an order confirmation. The dispatch of the goods ordered by the customer also constitutes the conclusion of the contract. If offers are directed to us, the offering party is bound by a reasonable period from the receipt of the offer.

The usual trading hours apply (Monday to Friday from 08:00 to 20:00), which can be viewed on the homepage of GOLDINVEST EDELMETALLE. For offers made during these trading hours via the internet platform, the respective price lists of GOLDINVEST Edelmetalle GMBH apply. If offers are made outside of trading hours, the current price at the beginning of the following trading day applies.

There is no entitlement to immediate order acceptance and confirmation outside of the respective counter opening hours against GOLDINVEST Edelmetalle.

III. Price

All prices quoted by us are, unless otherwise expressly stated, exclusive of VAT. This particularly applies to created price lists with buy and sell prices of precious metal products or coins.

IV. Payment Terms, Default Interest

In the absence of a contrary agreement, our claims are to be paid in cash against delivery of the goods. Discounts require a separate agreement. Payments from the customer are considered made only at the time they are received in our business account.
In the event of default by the customer, we are entitled to demand either compensation for the actual damage incurred or default interest at the statutory rate, at our discretion.

V. Withdrawal from Contract

In the event of acceptance delay (Point VII.) or other important reasons, such as particularly the bankruptcy of the customer or bankruptcy dismissal due to lack of assets, as well as in the event of default by the customer, we are entitled to withdraw from the contract, provided it has not been fully performed by both parties. In the event of withdrawal, we have the choice, in case of fault of the customer, to demand a flat-rate compensation of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of default by the customer, we are released from all further performance and delivery obligations and entitled to withhold outstanding deliveries or services and demand advance payments or securities or withdraw from the contract after setting a reasonable grace period. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, we have the choice to insist on the fulfillment of the contract or to agree to the cancellation of the contract.

Right of Withdrawal in Consumer Transactions in Distance Selling (Withdrawal Information)

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (GOLDINVEST Edelmetalle GmbH, Seilerstätte 15, 1010 Vienna, Phone: 43 (1) 888 05 100 – 31, Fax: 43 (1) 888 05 100 – 50, Email: office@goldinvest.at) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return the goods to us without delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You bear the costs of returning the goods.

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for checking their nature, characteristics, and functioning.

Note: There is no right of withdrawal according to § 18 FAGG for the purchase of goods or services whose price depends on fluctuations in the financial market that are beyond the control of the entrepreneur and that may occur within the withdrawal period (the purchase of precious metals falls under this, for example).

Model Withdrawal Form:

If you want to withdraw from the contract, please fill out this form and send it back to GOLDINVEST Edelmetalle GmbH, Seilerstätte 15, 1010 Vienna, Fax: 43 (1) 888 05 100 – 50, Email: office@goldinvest.at

– I/we hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in case of notification on paper)

– Date

(*) Strike out inapplicable.

VI. Reminder and collection fees

The contractual partner (customer) agrees, in the event of default, to reimburse the creditor for reminder and collection fees incurred, as far as they are necessary for appropriate legal enforcement, whereby he specifically agrees to reimburse a maximum of the fees of the engaged collection agency, which arise from the regulation of the BMwA regarding the maximum rates of fees due to collection agencies. If the creditor operates the reminder process himself, the debtor agrees to pay an amount of € 10.00 for each reminder issued and for the maintenance of the debt relationship in the reminder process an amount of € 3.63 per half year.

VII. Delivery, transport, acceptance delay

Our sales prices do not include costs for delivery, assembly, or installation. However, these services will be provided or organized by us for a separate fee upon request. For transport or delivery, the actual costs incurred plus a reasonable overhead markup will be charged, but at least the freight and transport wages applicable or customary on the day of delivery for the chosen mode of transport.
If the customer has not taken over the goods as agreed (acceptance delay), we are entitled, after unsuccessful setting of a grace period, to either store the goods with us, for which we will charge a storage fee of 0.1% of the gross invoice amount per started calendar day, or to store them at the cost and risk of the customer with an authorized tradesman. At the same time, we are entitled to either insist on contract fulfillment or, after setting a reasonable grace period of at least 2 weeks, withdraw from the contract and dispose of the goods elsewhere.

Shipping costs are calculated and displayed in the shopping cart. We ship our items with our shipping partners Österreichische POST AG and Federal Express Europe, Inc. (FEDEX)

VIII. Delivery period

We are only obliged to perform once the customer has fulfilled all his obligations necessary for execution, in particular all technical and contractual details, preliminary work, and preparatory measures.
We are entitled to exceed the agreed dates and delivery periods by up to eight weeks. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.

IX. Place of performance

The place of performance is the registered office of our company.

X. Minor changes in performance

If it is not a consumer transaction, minor or other changes to our performance or delivery obligations that are reasonable for our customers are deemed approved in advance. This particularly applies to deviations caused by the item (e.g., in dimensions, colors, etc.).

XI. Compensation for damages

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injuries or, in the case of consumer transactions, for damages to items taken over for processing. The existence of slight or gross negligence must be proven by the injured party, provided it is not a consumer transaction. If it is not a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions on compensation for damages contained in these terms and conditions or otherwise agreed also apply if the claim for damages is asserted alongside or instead of a warranty claim.

XII. Product liability

Claims for recourse within the meaning of § 12 Product Liability Act are excluded unless the recourse claimant proves that the defect was caused in our sphere and at least grossly negligent.

XIII. Retention of title and its enforcement

All goods are delivered by us under retention of title and remain our property until full payment is made. The enforcement of the retention of title constitutes a withdrawal from the contract only if this is expressly declared. In the case of return of goods, we are entitled to charge incurred transport and handling fees. In the event of third-party access to the reserved goods - especially through seizures - the customer agrees to point out our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose regular business includes trading in the goods acquired from us, he may not dispose of the reserved goods until the open purchase price claim has been fully settled, in particular not sell, pledge, give away, or lend them. The customer bears the full risk for the reserved goods, especially for the risk of destruction, loss, or deterioration.

XIV. Assignment of claims

In the case of delivery under retention of title, the customer hereby assigns to us his claims against third parties, as far as these arise from the sale or processing of our goods, until the final payment of our claims. The customer must name his buyers upon request and inform them of the assignment in a timely manner. The assignment must be recorded in the business books, especially in the open items list, and made visible to the buyer on delivery notes, invoices, etc. If the customer is in default with his payments to us, the sales proceeds received by him must be separated, and the customer only holds these in our name. Any claims against an insurer are already assigned to us within the limits of § 15 Insurance Contract Act.
Claims against us may not be assigned without our express consent.

XV. Retention

If it is not a consumer transaction, the customer is entitled to withhold only a reasonable part of the gross invoice amount in the case of justified complaints, except in cases of reversal of the transaction.

XVI. Choice of law, jurisdiction

Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The language of the contract is German. The contracting parties agree on Austrian, domestic jurisdiction. If it is not a consumer transaction, the court responsible for all disputes arising from this contract at the registered office of our company is exclusively locally competent.

Alternative dispute resolution (“OS platform” according to ODR-VO / Consumer Dispute Resolution Act VSBG):
The European Commission provides underhttps://ec.europa.eu/consumers/odra platform for out-of-court,
alternative online dispute resolution. GOLDINVEST EDELMETALLE GMBH is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and will not participate in it either.

XVII. Data protection, change of address, and copyright

The customer is obliged to inform us of changes to his residential or business address as long as the contractual transaction has not been fully fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last notified address.

Plans, sketches, or other technical documents, as well as samples, catalogs, brochures, illustrations, and the like, remain our intellectual property; the customer does not receive any rights of use or exploitation of any kind.

XVIII. Storage of the contract text and the GTC

The contract text is stored together with all our contractual provisions (including, among others, our General Terms and Conditions and Privacy Policy). You can request transmission at any time via the service address provided in the imprint.

XIX. Warranty

The statutory warranty rights apply.