General terms and conditions of the Gold & Silber Schweiz AG
Consumer information and general terms and conditions of business, delivery and payment:
1 Right of withdrawal
We expressly point out that due to the legal regulations there is no right of objection if pieces of jewelry were individually made for you or changed according to your specifications.
Items that you buy in our online store, you will receive insured shipping.
You may try on these items as you would in a retail store.
Labels on the jewelry must NOT be removed or your right of redemption will be voided.
Should items show signs of use when returned, we expressly reserve the right to reject the return.
You have 14 days limited right of return.
To exercise this, please inform us by mail, fax or telephone.
Return shipping must be fully insured, so please contact us.
2 Material defects
We are liable for material defects as follows:
(1) All parts or services which show a material defect within the limitation period shall, at our discretion, be repaired, replaced or provided again free of charge, provided that the cause of the defect already existed at the time of the passing of risk.
(2) The contractual partner shall bear the burden of proof for the defectiveness at the time of the transfer of risk.
(3) Claims for material defects shall become statute-barred after twelve months. This shall not apply insofar as the law prescribes longer periods and in cases of injury to life, limb or health in the event of an intentional or grossly negligent breach of duty on our part and in the event of fraudulent concealment of a defect. The statutory provisions on expiry, suspension and recommencement of time limits shall remain unaffected.
(4) The contracting party shall notify us in writing of any obvious material defects within a period of three days from receipt of the delivery item, and of any hidden defects immediately upon discovery; otherwise the assertion of warranty claims shall be excluded. Timely dispatch shall be sufficient to meet the deadline. The contractual partner shall bear the full burden of proof for all claim prerequisites, in particular for the material defect itself, for the time at which the defect was detected and for the timeliness of the notice of defect.
(5) First of all, we shall be given the opportunity to remedy the defect within a reasonable period of time. If the supplementary performance fails twice, the contractual partner may withdraw from the contract. If the contracting party chooses to withdraw from the contract after subsequent performance has failed, it shall not be entitled to any additional claim for damages on account of the defect.
(6) The provision of descriptions of properties – including in the context of preliminary discussions and information as well as in brochures or advertisements – does not constitute a warranty declaration or assurance of a property on our part.
3 Terms of payment, default, counterclaims
(1) The invoice amount is due for payment immediately upon receipt of the invoice without deduction. The customer must ensure that the payment is available to Gold & Silber Schweiz AG within 3 value days.
If the customer does not pay within three (3) value days from the due date, he shall be in default without reminder. In this case Gold & Silber Schweiz AG is entitled to withdraw from the contract, even if the goods have already been delivered. The customer shall reimburse Gold & Silber Schweiz AG for any resulting damage (difference between the contract price and the market/exchange price at the time of performance plus any expenses incurred as well as reminder and cancellation fees.
Payments are made exclusively in cash or by bank transfer. Bills of exchange, checks, or the like will not be accepted.
(2) Delivery – as far as the goods are in stock – will only be made after final crediting of the invoice amount to the account of Gold & Silber Schweiz AG.
If the order quantity exceeds the stock of Gold & Silber Schweiz AG, we are entitled to withdraw from the contract.
(3) In the event of a delay in delivery, we will inform you immediately by e-mail or fax. Delivery is expressly subject to the proviso that Gold & Silber Schweiz AG itself is supplied on time and correctly. Gold & Silber Schweiz AG shall be liable in the event of a delay in delivery in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of duty for which Gold & Silber Schweiz GmbH is responsible, whereby fault on the part of the representatives or vicarious agents shall be attributed to Gold & Silber Schweiz AG. The liability is limited to the foreseeable, typically occurring damage. If the delay in delivery is due to force majeure, for example mobilization, war, riot, force of nature or similar events (strike, lockout, etc.), any deadlines specified shall be extended accordingly.
(4) In the event of default in payment, Gold & Silber Schweiz AG shall be entitled to demand interest from the relevant point in time in the amount of 6% above the respective base interest rate, whereby Gold & Silber Schweiz AG reserves the right to prove higher damages.
The prices at the time of the order apply plus the respective statutory value added tax. Shipping, packaging and customs clearance costs are shown separately.
(5) If the delivery is delayed for reasons for which the contracting partner is responsible (default of payment or similar) or which fall solely within your sphere of risk, Gold & Silber Schweiz AG is entitled to charge the price valid on the day of delivery. If the price increase is more than 5% of the purchase price, the contractual partner is entitled to withdraw from the contract. This right of withdrawal will not apply if you do not exercise this right of withdrawal within a period of 3 days, starting from the date of notification of the new price. Gold & Silber Schweiz AG expressly reserves the right to assert a claim for damages due to non-performance in these cases.
If our supplier does not supply us with the ordered item despite contractual obligations, we are entitled to withdraw from the contract.
(7) In the case of purchase transactions, the purchase price shall be due after receipt and positive inspection of the goods, in particular for authenticity and reusable condition. Gold & Silber Schweiz AG will transfer the purchase price to the customer’s specified account within one week after completion of the inspection.
(8) Insofar as the examination of authenticity and reusable condition is negative in the case of purchase transactions, Gold & Silber Schweiz AG shall be entitled to withdraw from the contract. In this case, the goods sent will be returned to the customer against reimbursement of the shipping costs.
(9) The contractual partner shall only be entitled to exercise a right of retention or a right of set-off in the event that counterclaims have been legally established, are undisputed or have been recognized by us.
(10) If we become aware of circumstances of any kind whatsoever that call into question the creditworthiness of the contractual partner, Gold & Silber Schweiz AG shall be entitled to declare the entire remaining debt due and to withhold goods not yet delivered or to demand payment or the provision of security.
4 Retention of title
(1) The delivered goods remain the property of Gold & Silber Schweiz AG until payment has been made in full. Should the customer have resold the goods prior to full payment, the customer’s claims shall be deemed assigned to Gold & Silber Schweiz AG. Gold & Silber Schweiz AG accepts the assignment.
(2) The customer shall inform Gold & Silber Schweiz AG immediately in writing or by e-mail if third parties access the goods, in particular in the context of execution measures or other impairments of ownership.
5 Scope of application
(1) The above and following terms and conditions shall apply to all deliveries, services, offers, purchases and other commercial transactions of Gold & Silber Schweiz AG with its registered office in Kriessern in legal transactions with consumers and entrepreneurs.
(2) They shall apply to all future business relations, even if they are not expressly agreed again.
(3) By placing the order, but at the latest by accepting our service or delivery, the consumer/entrepreneur accepts these terms and conditions.
(4) These General Terms and Conditions shall apply exclusively. Counter-confirmations of the contractual partner with reference to the validity of his terms and conditions are hereby contradicted.
Deviations and additions to these terms and conditions are only effective if they are confirmed in writing. If, despite the aforementioned provisions, general terms and conditions should conflict, the provisions set forth herein shall prevail.
6 Conclusion of contract
(1) Our sales and purchase offers are subject to change and non-binding. The customer orders / sells by telephone, fax or by entering on the Internet platform. In the latter procedure, before sending the order / sales offer, the customer is shown again all the data and can be corrected.
(2) Contracts shall only be concluded upon our declaration of acceptance of the order/the sales offer and its content (by order confirmation or sending of the invoice) or, in the case of the order, by delivery of the delivery item to the contractual partner. The declaration of acceptance shall be made in writing by means of an order confirmation.
(3) The parties agree on delivery against advance payment, unless otherwise agreed.
(4) Unless otherwise agreed, the articles are owed according to the type, i.e. if an article is no longer available, we will send you articles of equivalent quality and price.
(5) The contract data shall be stored by Gold & Silber Schweiz AG. It is not possible for customers to retrieve contract data retrospectively.
7 Trading hours, prices
(1) The prices for purchase and sale transactions in CHF or Euro valid at the time of the conclusion of the contract shall be deemed agreed plus. the respective statutory value added tax.
We cannot accept any liability for incorrect prices that are displayed incorrectly due to software malfunctions. Orders that contain incorrect prices due to software malfunctions are void.
The shipping and handling costs incl. Insurance, taxes, duties, fees, customs duties, etc. shall be borne by the customer.
(2) Our usual trading hours apply. For bids submitted during these trading hours, the respective prices of the system apply. Insofar as offers are submitted outside trading hours, the current price at the beginning of the next trading hour shall apply.
8 Money laundering
(1) Gold & Silber Schweiz AG is a financial intermediary within the meaning of the Money Laundering Act (GwG). It is subject to its relevant provisions. A client who, in the case of one or more transactions exceeding the amount of CHF 25,000, is required to prove his identity by means of an original or certified copy of an identity document and to submit a written declaration of beneficial ownership. In the case of the purchase of goods by Gold & Silber Schweiz AG, the customer is required to provide proof of identity, irrespective of the transaction amount.
(2) The customer shall bear the damage resulting from the failure to recognize legitimation defects and forgeries. Provided that Gold & Silber Schweiz AG is not guilty of gross negligence.
9 Delivery and transfer of risk
(1) The agreement of binding delivery dates for delivery by Gold & Silber Schweiz AG must be in writing.
(2) We shall be entitled to make partial deliveries and render partial services at any time, unless the partial delivery or partial service has been excluded by contract.
(3) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the delivery item in the case of delivery by Gold & Silber Schweiz AG shall only pass to the customer upon handover. The handover is equal if the customer is in default of acceptance.
(4) If the customer is an entrepreneur, the risk shall pass to the contractual partner as soon as the consignment has been handed over to the transport company or has left our warehouse for the purpose of dispatch, even in the case of carriage paid delivery by Gold & Silber Schweiz AG. If shipment is delayed at the request of the contracting party, the risk shall pass to the contracting party upon notification of readiness for shipment. The handover shall be deemed equivalent if the contracting party is in default of acceptance.
(5) Gold & Silber Schweiz AG shall agree with the contracting partner the date of delivery of the goods, in the case of advance payment after receipt of the purchase price. The delivery is carried out by a transport company. The contracting party must be present at the delivery address all day on the day of delivery, as an exact delivery time is not agreed for security reasons. The same shall apply mutatis mutandis to the collection of goods (purchase).
(6) The place of performance for purchased goods is the place of business of Gold & Silber Schweiz AG. If available, papers belonging to the goods must also be sent to Gold & Silber Schweiz AG. The seller undertakes, if no collection takes place, to send the goods sufficiently insured. Shipment must be made in such a way that Gold & Silber Schweiz AG must acknowledge receipt of the shipped goods (registered mail with signature; no registered mail). The sender bears the burden of proof for the receipt of the shipment.
(7) The performance of the transportation of valuables does not affect the place of performance. The transport of valuables takes place exclusively in Switzerland.
10 Limitation of liability, claims for damages
(1) Claims for damages and reimbursement of expenses of the contractual partner (hereinafter: claims for damages), irrespective of the legal grounds, in particular due to breach of duties arising from the contractual obligation and tort, shall be excluded.
(2) This shall not apply insofar as liability is mandatory according to statutory provisions. However, claims for damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence or based on liability for injury to life, body or health.
11 Complaints from customers
Complaints of the customer must be reported immediately, upon receipt or transfer of the goods.
12 Note on data protection
Gold & Silber Schweiz AG attaches great importance to the protection of its personal data. Compliance with the statutory provisions on data protection and data security is a matter of course for us. Gold & Silber Schweiz AG processes and uses the personal data from this contract only for the purpose of contract processing and customer support.
13 Final provisions
All legal relationships of the customer with Gold & Silber Schweiz AG are subject to Swiss law.
The application of the UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is excluded.
If any provision in these Terms and Conditions or any provision under any other agreement is or becomes invalid, this shall not affect the validity of the other provisions or agreements. This shall not apply if adherence to the contract would represent an unreasonable hardship for one party.
References to other websites (“Links”)
Links” contained on the website will lead you to publicly accessible pages whose content is not designed by Gold & Silber Schweiz AG. Therefore, Gold & Silber Schweiz AG is not responsible for the content of these pages as well as the correctness of the information contained on these pages. You should carefully read the terms and conditions for the use of such sites. By including a “link” to another website on the Gold & Silber Schweiz AG website, Gold & Silber Schweiz AG neither adopts the content of that site nor approves or recommends its content.
Changes to the website
Gold & Silber Schweiz AG reserves the right to modify, suspend or discontinue the operation of the website at any time, including the services, information or functionalities offered on the website that are accessible within the scope of the intended use of the website.
Limitations of liability
The use of the website is at the user’s own risk. User assumes sole responsibility and risk of loss resulting from downloading, accessing or using the Website and/or its Content.
Gold & Silber Schweiz AG shall not be liable for any damages of any kind arising as a result of the information published on the website or any errors in or omissions from the website.
Gold & Silber Schweiz AG does not assume any liability for damages resulting from investment decisions based on information made available on this website.
No offer, no consultation
Our analyses are based on sources that we consider trustworthy and reliable. Despite careful selection and evaluation of sources, we cannot accept any liability for the completeness, accuracy and correctness of the content of the information. All strategies resulting from our analyses must be reviewed by you or your investment advisors with regard to risk and implementation. The information on this website does not constitute investment advice, but is intended only to facilitate your independent investment decision.
Underlying law and case law
All deliveries to/from Switzerland are subject to Swiss law.
Changes to the instructions for use
Gold & Silver Switzerland AG 2017