GENERAL TERMS AND CONDITIONS
The terms and conditions defined hereinafter shall apply to all offers, order confirmations and invoices of Edelmetall.One GmbH. No other terms or conditions are accepted for business with Edelmetall.One GmbH. Deviations from the following terms shall only apply, if they have been explicitly confirmed in writing on an official order confirmation by Edelmetall.One GmbH.
Quotations are not binding. Until a customer decides to place an order, prices and product availability may have changed over time from the original quotation. Edelmetall.One GmbH therefore reserves the right to adapt pricing and product availability on its quotations, if necessary.
§3 Conclusion of Contract
A contract is concluded by two matching declarations of will. For business with Edelmetall.One GmbH these two matching declarations shall be the binding order signed from the customer on one hand and the official order confirmation from Edelmetall.One GmbH on the other hand. As binding order, we accept only an offer on our official company letterhead signed by the customer. Once we receive such an order, it is at our sole discretion, whether we confirm it order or not. If we do confirm it, then it will be through an official order confirmation on company letterhead. Any other way of communication does not lead to a conclusion of contract. Part of a contract is only, what has explicitly been confirmed by the official Edelmetall.One GmbH order confirmation. Content of emails, phone calls or any other way of communication is not part of a contract. We encourage our customers to proof read our offers, before signing them. Please check, if our offer reflects the product and service that you are looking for in the right color, right amount, right size and right price. Please also check, if the shipping and billing addresses are correct.
Prices of Edelmetall.One GmbH include packaging. Freight, shipping and/or insurance services are charged separately. From domestic contract partners we are obliged by law to collect legal tax. Foreign contract partners may purchase tax free, if they meet the necessary legal requirements.
§5 Payment Terms
Unless confirmed otherwise, all orders at Edelmetall.One GmbH are due for immediate payment upon order confirmation. Orders will get started as soon as we receive customers’ full payment. Deductions of any kind are not accepted. If a contract partner is overdue with his payment for more than 30 days, then Edelmetall.One GmbH will resign automatically from that contract without prior notice. The contract partner is not entitled to any claims due to that. In case the contract partner provided only partial payment, Edelmetall.One GmbH will refund that payment deducting 10% of the contract value and eventual transaction costs. The contract partner hereby agrees to that without being entitled to any claims. Edelmetall.One GmbH reserves the right to hold back new deliveries, if a customer has unpaid due invoices with Edelmetall.One GmbH.
§6 Delivery Time
Edelmetall.One GmbH endeavors to deliver all goods and services as quick as possible. Orders in stock will be prepared for shipping as soon as we receive full payment. Ordered goods that are not in stock will be ordered from the respective suppliers as soon as full payment has been received. Some of these suppliers are overseas. Edelmetall.One GmbH is therefore relying on international shipping, customs clearance and accurate delivery dates from its suppliers. Most of these factors are beyond our control. Delivery dates are therefore as accurate as possible, but never guaranteed, unless a deadline has been officially confirmed through an order confirmation on company letterhead by Edelmetall.One GmbH. The delivery time of an order starts on the first day after Edelmetall.One GmbH has received full payment, but not before all legal documents are provided such as customs clearance papers for example. Some orders require furthermore technical clarification, before they can get started. The delivery time of repair orders for instance does not start, before the damaged goods have been provided to Edelmetall.One GmbH and before it is clear, which repairs are technically necessary. Edelmetall.One GmbH shall not be liable for damages, delays or failure of delivery arising from causes beyond reasonable control and without fault or negligence, including, but not limited to Acts of God, acts of civil or military authorities, fires, riots, wars, natural catastrophes or embargoes. In such event Edelmetall.One GmbH shall be entitled to rescind for the respective contract. A customer shall not be entitled to reject partial deliveries, unless he has legitimate and by Edelmetall.One GmbH uncontested interest in doing so. In the event that Edelmetall.One GmbH is in default, the customer shall give a reasonable period of grace to extend the delivery time. After expiration of such period the customer is entitled to resign from the contract and be fully refunded.
§7 Changes or Cancellation
Once the customer has received an official order confirmation from Edelmetall.One GmbH, any changes or cancellations may be subject to extra charges and extend the delivery time. In case of changes the customer shall receive a new offer from Edelmetall.One GmbH with all changes and eventual extra costs. To turn this new offer into an order the customer needs to sign that offer again and wait for Edelmetall.One GmbH to provide a new order confirmation. The terms of §3 and §5 above shall apply accordingly. Delivery time is interrupted until Edelmetall.One GmbH receives once again full payment for the new order confirmation. Cancellation of confirmed orders will be charged based on the amount of work completed at the time of cancellation, but in any case 10% of the total order confirmation value. Edelmetall.One GmbH is entitled to balance such charge with the payment already received from the customer. The remaining balance will be refunded after deducting eventual transaction costs for the return wire.
§8 Shipping & Transfer of Risk
The shipping terms are to be found on every official order confirmation of Edelmetall.One GmbH. They are based on the terms of the International Chamber of Commerce, the so called “Incoterms”. For further information please check: https://www.iccgermany.de/standards-regelwerke/incoterms/
Edelmetall.One GmbH uses mostly the Incoterms DAP and EXW for shipping and transfer of risk.
DAP - "Delivered At Place" means, that Edelmetall.One GmbH covers all shipping costs as well as the risk of damage or loss during transport up to the delivery address provided by the customer. Eventual legal fees from the country of destination, such as customs or import taxes, would be charged directly to the contract partner by national authorities or the shipping company. Point of delivery and thereby transfer of risk is when the courier hands over the delivery to the customer. The customer has to make sure that someone is physically present at the destination address to take receipt of the delivery. In case Edelmetall.One GmbH is charged by the courier for repeated delivery, we are entitled to re-invoice those extra costs to the customer.
EXW – "Ex Works" means, that Edelmetall.One GmbH provides the goods for pick up at its facility. The pick up can be conducted by the customer himself or a courier that has been ordered by the customer. Point of delivery and transfer of risk is when the goods are ready for pick up. The customer shall take care that goods are being picked up within one week after Edelmetall.One GmbH has given notice that the order is ready. After that week the customer is in default and will be given another week for pick up as grace period. If the goods have still not been picked up after that week, then Edelmetall.One GmbH is entitled to charge 10% of the total order confirmation value as storage fee. The goods will be provided for pick up again, after the additional charges have been fully covered by the customer.
§9 Reservation of Ownership
Edelmetall.One GmbH reserves the sole ownership of all ordered goods until full payment has been received. Claims of third parties on goods by Edelmetall.One GmbH are not acknowledged or accepted. In case the customer has received (partial) delivery already, he agrees to follow all instructions of Edelmetall.One GmbH immediately with regards to those delivered goods, until full payment for all orders has been received.
Edelmetall.One GmbH warrants that all goods are delivered free of any material defect. The customer shall inspect all goods upon receipt, particularly for transportation damages, before confirming per signature to the courier, that the goods have been received free of damage. The sooner a defect gets detected and claimed, the easier it is, to determine where it happened and who is responsible for it. Claiming a defect too late might worst case render the warranty void, if it cannot be determined for sure, who caused that defect. Product with material defect at the time of delivery shall be repaired by Edelmetall.One GmbH as quick as possible. Edelmetall.One GmbH will arrange pick up of those defective goods. Customer shall not change or modify defective product before pick up, unless Edelmetall.One GmbH has explicitly approved it. Unauthorized changes or modifications will render product warranty. In case of a warranty Edelmetall.One GmbH will cover all costs for repairing a defective product as well as shipping such product back and forth to the customer. Other costs will not be covered. If Edelmetall.One GmbH cannot fulfill its warranty obligation to remedy proven material defect, the customer shall be entitled to price reduction or to resign entirely from the respective contract under full re-fund.
§11 Customer Parts
If a customer shipped his parts to Edelmetall.One GmbH that are not useable anymore, such as old tires for example, then the customer has to make sure that those parts are picked up immediately again at the facility of Edelmetall.One GmbH. Otherwise the ownership of those parts will go over automatically to Edelmetall.One GmbH without prior notice. The customer agrees to be not entitled to any claims due to that. If those unusable parts have to be disposed or recycled against charges, then Edelmetall.One GmbH is entitled to re-invoice those costs to the customer. Edelmetall.One GmbH reserves the right to hold back any delivery to a customer, until he has fully paid the extra charges for disposal of his old parts. The terms of §5 shall apply accordingly.
§12 Applicable Law
All business with Edelmetall.One GmbH shall exclusively be governed by the laws of the Federal Republic of Germany. Place of jurisdiction shall be the registered company seat of Edelmetall.One GmbH or any other place at the discretion of Edelmetall.One GmbH in accordance with federal law. The application of United Nations law on contracts for international sale of goods shall be excluded.
§13 Data Security
Edelmetall.One GmbH is committed to protect personal data of the contract partner in compliance with provisions of the German Data Protection Act (BDSG). Personal data of the contract partner shall be stored safely and used only for internal order administration.
§14 Ineffectiveness of Terms
In the event that any of the foregoing terms should be invalid, ineffective or unenforceable, the other terms shall remain unaffected and still be effective in place. Any invalid, ineffective or unenforceable term shall be replaced by a legally valid and enforceable term that is closest to the replaced term