General terms and conditions
General Terms and Conditions of SOLIT Management GmbH for orders and purchases via the online store.
§ 1 General, scope of application
1.1 All deliveries and services are provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order. Unless expressly agreed in writing, deviating terms and conditions shall not apply. Consent to the use of deviating terms and conditions shall not be deemed to exist even if the conflicting terms and conditions have been disclosed.
1.2 The contractual partner is SOLIT Management GmbH, Otto-von-Guericke Ring 10, 65205 Wiesbaden (hereinafter "SOLIT").
1.3 Customer in the sense of these Terms and Conditions can be both consumer and entrepreneur (hereinafter "Customer"). A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who, at the time of conclusion of the contract with the Seller, act in the exercise of their commercial or independent professional activity.
1.4 The contract language is German.
§ 2 Conclusion of contract for orders
2.1 The presentation of products in the online store does not represent a legally binding contract offer on the part of SOLIT, but is merely a non-binding invitation to the customer to order products. By clicking the button [order with obligation to pay] the customer submits a binding purchase offer. SOLIT can accept this offer by sending a separate order confirmation by e-mail within three days. Confirmation of receipt of the order is sent by automated e-mail immediately after the order is sent and does not constitute acceptance of the contract.
2.2 The order is placed according to the following procedure:
- Selection of the desired products
- Adding products to the shopping cart by clicking the "Order" button
- Checking the details in the shopping cart; the products can be removed from the shopping cart or changed again by clicking on [Change] and [Delete]. Input errors can only be corrected by actively changing the shopping cart or canceling the order process.
- Pressing the button "Order with payment"
- SOLIT confirms receipt of the order immediately by an automatically generated e-mail ("confirmation of receipt").
- The customer receives an e-mail about the acceptance of the order ("Order Confirmation"), as far as the order has been accepted by SOLIT. In the event of acceptance, the contract is bindingly concluded in accordance with these GTC.
2.3 The Customer receives an acknowledgement of receipt by e-mail and subsequently an order confirmation with all order data including the General Terms and Conditions. SOLIT stores the Customer's order and the order data entered. The customer has the option to print out both the order and the General Terms and Conditions before sending the order to SOLIT. The order data can also be viewed at any time in the customer area after receiving the login data.
§ 3 Purchase of goods
The customer has the option via the online store to offer SOLIT precious metals for purchase. The purchase is subject to the following conditions
3.1 The customer submits a binding offer to purchase via the online store by selecting the type (article or coinage), volume (number or weight) and quality (new goods or scrap metal/melted goods) of the goods to be sold (hereinafter "purchase offer"). By clicking the button "Sell for[purchase price] €/piece" in the case of new goods or the button "Sell for [purchase price] €/g", the customer can place the goods for sale in the shopping cart. By clicking the button [Binding sale] the customer submits a binding purchase offer. The customer receives an automatic confirmation of receipt of the purchase offer. This does not constitute acceptance of the contract by SOLIT.
3.2 In the online store, purchase prices are displayed on the product pages. The current purchase price offered by SOLIT for the purchase can be found on the product page on the button "Sell for [purchase price] €/piece". This price corresponds in principle, unless otherwise stated, to the purchase price of as-new goods, i.e. there are at most blemishes that can be attributed to the respective production process.
For the purchase of melted goods or scrap metal, the purchase price can be found on the scrap metal sales page. The price of the scrap metal is automatically calculated on the basis of the current exchange rate and the information provided by entering the fineness and weight of the valuable item. The prices are valid only if the information provided by the customer is correct and the goods are in perfect condition, with the corresponding certificates (in the case of bars and coins), and complete, or, in the case of smelted goods and scrap metals, the information on fineness and weight is correct. Should the goods deviate from the stated condition (type, quantity, condition), SOLIT's purchase prices may deviate. In this case SOLIT is entitled to adjust the agreed purchase price based on the correct condition. Goods that cannot be categorized by the customer according to weight or precious metal content can be sent to SOLIT for valuation at the customer's own risk. SOLIT will submit an offer with a purchase price to the customer after inspection.
3.3 SOLIT may accept the customer's purchase offer by sending a separate order confirmation by e-mail within five days. The acceptance of the offer is subject to the condition that the examination by SOLIT in accordance with section 3.6 shows that the offered goods match the information provided by the Customer. In the case of precious metals, this means that the goods are
- is as good as new and without damage
- all certificates, accompanying letters and accessories are present and
- a valid copy of an identity document or passport is attached to the purchase.
In the case of scrap metals and smelted goods, this means that the goods are
- has the specified weight and fineness.
3.4 After receipt of the purchase confirmation from SOLIT, the customer must hand over the goods offered by him to SOLIT within five days. The handover to SOLIT can take place by direct handover in one of the two on-site stores (Rheingoldboutique, Rheinstraße 103, 55116 Mainz / Rheingoldpalais, Wilhelmstraße 4, 65185 Wiesbaden), by shipment to SOLIT or by collection from a shipping service provider commissioned by SOLIT. When handing over the items, care must be taken to ensure that they are complete. If the offered purchase items are accompanied by certificates, these must be enclosed in the package. SOLIT will send the customer a shipping checklist, a consignment bill and a shipping label together with the purchase confirmation. The customer undertakes to comply with all the requirements of the shipping checklist and to enclose SOLIT's consignment bill, completed in full, with the shipping package. The consignment bill must contain the name, address, contact details, a description of the items being sent and confirmation of the customer's ownership or other authority to dispose of the items by means of the customer's own signature. By sending the consignment note to SOLIT, the Customer warrants that he/she is legally capable and is the owner or has unrestricted power of disposal with regard to the items sent and that no rights of third parties conflict with this and that the items do not originate from a criminal act. In addition to the consignment bill, a copy of the identification document on both sides must be enclosed with the consignment bill. Unless the Customer uses SOLIT's shipping label or has the goods picked up by a shipping service provider of SOLIT, shipping is at the Customer's own expense and risk.
3.5 SOLIT will subject the purchased items received to a comprehensive inspection. Should the goods deviate from the specified condition (type, quantity, condition), SOLIT will generally keep the goods and pay the customer a lower or higher purchase price. In case the goods are sent to SOLIT, the adjusted purchase price will be communicated to the customer within the order confirmation (by e-mail) and transferred to the specified account within five working days. If the customer has any objections to the settlement, he/she shall inform SOLIT within 5 working days. In this case SOLIT will make use of its legal rights (withdrawal, claim for damages). A claim for damages can arise in particular due to the price change that has occurred for the goods on the financial market (price damage). The goods will be returned at the customer's address within 14 days at the customer's expense. The customer is obliged to transfer the incurred shipping costs to SOLIT in advance.
In order to be able to carry out an inspection and valuation, the purchased items may have to be processed. By sending the purchased items to SOLIT, the customer irrevocably agrees that SOLIT may analyze and, if necessary, process the purchased items for the purpose of inspection and valuation. This may result in damage to or complete destruction of the purchase items. Claims for damages and/or compensation for loss of value due to damage or destruction of the items sent for purchase in the course of the inspection, analysis and necessary processing are excluded. Should the goods deviate from the specified condition (type, quantity, condition), the customer will receive information about the necessary adjustments and in the course of this an updated offer. If the customer has sent uncategorized goods to SOLIT, SOLIT will inform the customer about the result of the examination and, if necessary, submit a purchase offer. The customer may accept the offer within three days. If the customer does not accept an adjusted or new offer from SOLIT, the goods will be returned to the address provided by the customer within 14 days at the customer's expense. The customer is obligated to transfer the incurred shipping costs to SOLIT in advance. If individual parts cannot be purchased because they do not contain precious metals, no return shipment will be made. Gemstones, diamonds or similar should therefore be removed from the goods in advance by the Customer. If the customer is an entrepreneur, he is obliged to examine the returned items immediately after delivery. If a defect or complaint is found, SOLIT must be notified immediately. If the customer fails to notify SOLIT, the return shipment is considered approved.
§ 4 Right of revocation for consumers
According to § 312 g para. 2 no. 8 of the German Civil Code (BGB), the right of revocation does not apply to distance contracts for the delivery of goods whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the revocation period, such as the delivery of precious metals.
Your order of precious metal bars and coins is therefore not revocable. Only for non-precious metal products there is a right of revocation.
The following right of revocation exists only for consumers:
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must notify us, the
SOLIT Management GmbH,
Otto-von-Guericke-Ring 10,
65205 Wiesbaden, Germany,
Tel.: +49 (0) 6122 - 5870 9000
E-mail: shop@solit-kapital.de
by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Pursuant to Section 312 g (2) No. 8 of the German Civil Code (BGB), the right of withdrawal does not apply to distance contracts for the delivery of goods or the provision of services, including financial services, the price of which depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period, in particular services relating to shares, to units in open-ended investment funds within the meaning of Section 1 (4) of the German Investment Code (Kapitalanlagegesetzbuch) and to other tradable securities, foreign exchange, derivatives or money market instruments.
§ 5 Model cancellation form
(If you wish to revoke the contract, please complete and return this form)
To
SOLIT Management GmbH
Otto-von-Guericke-Ring 10
65205 Wiesbaden
E-mail: shop@solit-kapital.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete as applicable.
§ 6 Prices, shipping costs, payment, due date
6.1 All prices are - unless marked as VAT-exempt according to § 25 c of the German Value Added Tax Act (Umsatzsteuergesetz) or marked as differential taxed according to § 25 a of the German Value Added Tax Act (Umsatzsteuergesetz) - inclusive of the statutory value added tax plus shipping and packaging costs.
If the customer is an entrepreneur, the reverse charge procedure may be applied to certain products, according to which the customer is liable for VAT as the recipient of the service. In this case, a separate note is made in the shopping cart.
Furthermore, costs for insurance may arise. Costs for insurance and packaging may also arise in the event of self-collection at a location warehouse (see 6.4). The amount of the respective costs can be viewed in the online store and can be called up under the search function "shipping costs".
6.2 Payment of the purchase price and incidental costs shall be made in accordance with the selection options listed in the online store under the heading "Payment methods". In the case of payment in advance, SOLIT will provide the bank details in the order confirmation by e-mail. The invoice amount is due for payment immediately upon conclusion of the contract and must be transferred to the specified account within three business days. The customer expressly agrees to the electronic dispatch of the invoice.
Payment of the purchase price may also be made in cash only to the extent that the Customer, after prior notification to SOLIT, picks up the purchased products in a local SOLIT store (Rheingoldboutique, Rheinstraße 103, 55116 Mainz / Rheingoldpalais, Wilhelmstraße 4, 65185 Wiesbaden). It is expressly pointed out that fees (e.g. for packaging and insurance, see 6.1) may also be incurred in the case of self-collection and these will be transferred to the Customer by SOLIT.
6.3 If the Customer is a consumer, the purchase price is subject to interest at a rate of 5 percentage points above the base interest rate upon the occurrence of the default in payment during the default. If the Customer is not a consumer, the interest rate during the delay in payment is 9% points above the base interest rate. SOLIT reserves the right to prove and claim higher damages for default.
6.4 In the case of purchases according to § 3 of these GTC, the sales proceeds will be paid to the bank account specified by the customer within seven days after SOLIT has concluded the customer's purchase offer or after the customer has concluded a new purchase offer.
§ 7 Delivery to the customer, transfer of risk
7.1 Deliveries are made within Europe to the home or company address specified by the customer, where direct handover to a person is possible. The dispatch to post office boxes or by way of deposit at packing stations is not possible.
7.2 The goods will be shipped within five days after receipt of payment, unless otherwise stated in the offer. The customer receives an e-mail about the receipt of payment ("payment confirmation") .
7.3 If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in the case of a mail order purchase upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the shipment. If the buyer is a consumer, the risk of accidental loss and/or accidental deterioration of the goods sold shall pass to the buyer only upon handover of the item, even in the case of a mail-order purchase. The handover is equal if the customer is in default of acceptance. A default of acceptance or creditor default in the sense of §§ 300 ff. BGB (German Civil Code) exists in particular if the customer has provided an incorrect delivery address and has not corrected it during the order process. In this case, SOLIT as the seller must be liable for gross negligence and intent. If the purchased item is lost due to negligence or accident, the Purchaser remains obligated to counter-performance (payment of the purchase price).
§ 8 Retention of Title
SOLIT retains title to the goods until the purchase price has been paid in full.
§ 9 Establishment of identity
SOLIT will identify the Customer and any beneficial owner to the extent required by law. In this case, the customer is legally obligated to cooperate, in particular to present valid identification documents.
§ 10 Warranty and liability for damages
10.1 Consumer
The statutory provisions shall apply to warranty rights and liability for damages.
10.2 Entrepreneur
The following provisions shall apply to warranty rights and liability for damages:
10.2.1 Duty to inspect
In the case of contracts with entrepreneurs, the goods delivered shall be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed approved also in view of this defect. In this case, the customer shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. § Section 377 of the German Commercial Code (HGB) shall remain unaffected. The customer shall not be released from his obligation to inspect the goods even in the event of recourse by the entrepreneur pursuant to § 478 BGB. If, in such cases, he does not immediately notify the defect asserted by his customer, the goods shall also be deemed to have been approved in view of this defect.
10.2.2 Limitation period
The customer's claims for defects, including claims for damages, shall be subject to a limitation period of one year. This shall not apply in the case of recourse according to § 478 BGB, this shall furthermore not apply in the cases of §§ 438 para. 1 no. 2 BGB as well as § 634a para. 1 no. 2 BGB. This shall also not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or intentional breach of duty by us or our vicarious agents.
10.2.3 Subsequent performance
Insofar as a defect exists, we shall be entitled to determine the type of subsequent performance, taking into account the type of defect and the justified interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt in the case of such contracts. This clause shall not apply in the case of recourse pursuant to § 478 BGB.
In the event of subsequent performance in the case of defects, we shall only be obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, to the extent that these are not increased by the fact that the item was taken to a place other than the registered office or the commercial branch of the customer to which delivery was made. This clause shall not apply in the event of recourse pursuant to § 478 BGB.
10.3 Limitation of Liability
SOLIT is liable without limitation for intent and gross negligence. In the case of simple negligence, we are only liable for damages resulting from injury to life, body or health and for damages resulting from the violation of essential contractual obligations (cardinal obligations). The liability is limited to the contract-typical and foreseeable damage. Any further liability other than that stipulated in this contract shall be excluded, irrespective of the legal nature of the asserted claim. The exclusions and limitations of liability shall not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They shall also not apply insofar as we have assumed a guarantee for the quality of our goods or a performance success or a procurement risk and the guarantee case has occurred or the procurement risk has materialized. Insofar as liability is excluded or limited, this shall also apply to breaches of duty by our vicarious agents or our representatives. A reversal of the burden of proof is not associated with the above provisions.
§ 11 Over-the-counter transactions
On the SOLIT website, reference is made to the possibility of conducting over-the-counter transactions with SOLIT or with a partner of SOLIT.
The partners of SOLIT act on their own account and in their own name. A representation of SOLIT is not intended. The partners of SOLIT are not granted any power of representation to carry out transactions (e.g. sale or purchase of goods) in the name of SOLIT.
§ 12 Customer Service
The SOLIT customer service is available for questions, complaints and objections on weekdays from 8:00 a.m. to 6:30 p.m. at
Telephone: +49 (0) 6122 - 5870 9000
E-mail: shop@solit-kapital.de
at your disposal.
§ 13 Legal system, place of jurisdiction
13.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.2 In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of mandatory provisions of the law of the state in which they have their habitual residence.
13.3 For all disputes arising from the contractual relationship, if the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of SOLIT in Wiesbaden.
13.4 The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/ SOLIT is not willing or obligated to participate in a dispute resolution procedure of the consumer arbitration boards.
13.5 If one or more provisions of these GTC are invalid, the rest of the contract remains valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
Status: 09.08.2022
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