General terms and conditions with customer information

As of: October 6, 2023

1. Scope of the General Terms and Conditions

The following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively to the business relationship between BB Wertmetall GmbH, Arno-Nitzsche-Straße 45A, 04277 Leipzig (hereinafter referred to as “Seller”) and the purchaser of the Seller’s products and services (hereinafter referred to as “Customer”) (hereinafter referred to as “Products” or “Goods”).
Additional product-specific contractual conditions apply to some of the seller's products or services. These regulations, unless they have a supplementary effect, then take precedence over the General Terms and Conditions.
Differing conditions of the customer will not be recognized, even if the seller provides his service without objection, unless the seller expressly agrees to the validity of the customer's different conditions.
All personal names apply equally to both genders. For reasons of better readability, male and female language forms were not used at the same time.
“Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
“Entrepreneur” within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contact and service details

Please note the following information about how to reach our customer service.
E-mail address: service@bb-wertmetall.com
Telephone number: 0341 / 99 17 000
Fax number: 0341 / 99 17 00 99
Contact form: https://bb-wertmetall.de/#kontakt
Customer service availability: Mon-Fri from 9 a.m. to 5 p.m.

3. General information on offers and orders

The presentation of the products in the shop, on websites and in digital printed brochures, catalogs or comparable product presentations from the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer.

4. Ordering process and conclusion of contract

By clicking on the button that completes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping cart.
A contract between the customer and the seller can also be concluded by email, fax or by post. The customer can send a binding offer to the seller using the specified order form, scanned by email, fax, post or via an electronic application route.
A legally binding acceptance of the customer's offer by the seller to conclude the contract only occurs when the invoice is sent to the customer. This can be done by email, fax or post.
An order confirmation that the seller sends to the customer electronically and that does not contain a request for payment does not constitute acceptance of the contract by the seller.

5. Contract text and contract language

The seller saves the contract text and makes it available to the customer in text form (e.g. by email or printed with the delivery of the order). The customer can print out the contract text before submitting the order to the seller by using the print function of their browser or the save function for web pages in the last step of the order.
The seller may provide the contractual documents to customers who are entrepreneurs both in text form and in another way (e.g. by referring to an online source).
The contract language is German, contracts can be concluded in this language.

6. Information about prices and shipping costs

The delivery and shipping fees incurred in addition to the sales price will be communicated to the customer in the online shop, in the application documents and the electronic application process before the order is completed, or will be linked to.
The information page with details of delivery and shipping costs is: https://bb-wertmetall.de/versand
Unless stated otherwise, all prices are total prices including the applicable statutory sales tax (VAT).
Precious metal prices are subject to intraday fluctuations. The offer on https://bb-wertmetall.de/haggai-wertkauf is therefore subject to change and non-binding.
The exact purchase price of an order is determined at the trading date.
Depending on the market situation and as far as possible, trading takes place daily from Monday to Friday at the regular trading time of 12:00 p.m. Different trading dates are possible for technical or organizational reasons.
In order for an order to be accepted by the seller on the same day, it must be received by the seller completely, including proof of identity, by 10:00 a.m. Then it can be accepted at the price of 12:00 p.m.
Late but complete applications will be accepted as normal at 12:00 p.m. on the next trading day.
Incomplete applications can only be executed and accepted by the seller after all required information, signatures and proof of identity have been submitted.
The information page with price and trading details is: https://bb-wertmetall.de/handel

7. Payment methods and payment conditions

Unless otherwise agreed, payments are to be made without deductions, discounts or other discounts.
The customer ensures that he meets the requirements required for successful payment using the chosen payment method. This includes in particular the sufficient coverage of bank and other payment accounts, registration, legitimation and authorization for payment services as well as the confirmation of transactions.
If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, then the customer will be responsible for the resulting fees if he is responsible for the failed or reversed booking.
Unless otherwise agreed, payment for the goods is made in advance by bank transfer. Delivery takes place after receipt of payment and availability of the goods. The payment amount is due 3 trading days after the invoice has been sent. If the customer has not paid the agreed remuneration after the payment is due, the seller will set a further payment deadline by sending a reminder. After this period has expired, the customer is in default of payment. The seller is free to charge the customer an expense allowance of €2.50 net/€2.98 gross for each reminder issued. Regardless of any delay, this applies to the first reminder as well as to any further reminders in the same matter.
If the customer defaults on payment, the seller is entitled to charge interest on arrears amounting to 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. a. to demand. If the seller can be proven to have incurred higher damages due to the delay, the seller is entitled to claim this.
If the customer defaults, the seller is entitled, but not obliged, to withdraw from the contract and can claim damages from any losses in the price of the precious metals.
For orders with an expected value of goods exceeding €50,000, the seller reserves the right to request a deposit of 20% of the value of the goods from the customer. The order will then only be executed and accepted on the trading day on which the required deposit has been received in the seller's account by 10:00 a.m.
Customers can only exercise their right of retention if the claims result from the same contractual relationship.

8. Retention of title

If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been made.

9. Delivery, availability of goods

The ordered goods will be delivered to the specified delivery address unless different agreements have been made.
If a delivery of goods fails even after the second delivery attempt for reasons for which the customer is responsible, the customer will bear the costs incurred for the outward and return shipment to an appropriate extent. This applies accordingly to the costs of further delivery attempts.

10. Cancellation policy

The information on the right of withdrawal for consumers can be found in the seller's cancellation policy.
Customers can access the seller's cancellation policy at the following internet address: https://bb-wertmetall.de/widerruf-und-ausriss

11. Warranty and liability

The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.
The seller assures that the fineness and fine weight of the precious metal products correspond to the information on the products or their packaging. Commercially acceptable or minor deviations in dimensions, surface quality, embossing, etc. that are permissible in accordance with quality standards are not defects.
The seller has unlimited liability for damages if the cause of the damage is due to intent or gross negligence. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, for the violation of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies (cardinal obligations) or in the case of agreed guarantee promises. In this case, however, the seller is only liable for foreseeable, contract-typical and expected damage. The seller is not liable for slightly negligent breaches of obligations other than those mentioned above. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability regulations also apply to the customer's claims for damages within the scope of the seller's statutory warranty.

12. Dispute resolution and consumer dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ find. Consumers have the opportunity to use this platform to resolve their disputes.
We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer dispute resolution board.

13. Changes to the Terms and Conditions

The seller reserves the right to change these General Terms and Conditions at any time with effect for the future in the case of ongoing obligations (i.e. contracts running over a longer period of time, within the framework of which services and/or consideration are provided), in the following cases: a) If the change serves to ensure that the General Terms and Conditions comply with the applicable law, in particular if the applicable legal situation changes; b) If the change serves the seller to comply with mandatory judicial or official decisions; c) If completely new services or service elements as well as technical or organizational processes require a description in the General Terms and Conditions; d) If the change is only beneficial for customers.
The seller will send the changed general terms and conditions to the email address provided by the customer to the seller at least six weeks before they come into force. If a customer does not object to the new General Terms and Conditions within two weeks of receiving the email, the changed General Terms and Conditions are deemed to have been accepted by the customer. By notifying customers of the change, the seller will inform customers of the consequences of not contesting the change. Customers can also agree to the changed terms and conditions by expressly agreeing to them.

14. Final provisions

The legal relationships between the customer, if the customer is an entrepreneur, and the seller are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If one of the above provisions is invalid, bethe validity of the remaining clauses continues. Customer(s) and distributorBuyers undertake to replace the ineffective regulation with one to make a regulation that comes closest to the invalid clause comes. The same applies if something was not regulated undetected.
The place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction.