Terms and Conditions of Adler Edelmetall GmbH for Orders and Purchases via the Online Shop
§ 1 General, Scope of Application
1.1 All deliveries and services are provided exclusively based on the following General Terms and Conditions (hereinafter referred to as "GTC") in their version valid at the time of the order. Unless expressly agreed in writing, deviating business conditions do not apply. Consent to the use of deviating business conditions is also not present if the opposing conditions have been communicated.
1.2 The contractual partner is Adler Edelmetall GmbH, Neue Mitte 28, 35415 Pohlheim (hereinafter referred to as "Adler").
1.3 A customer within the meaning of these terms can be both a consumer and an entrepreneur (hereinafter referred to as "Customer"). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed professional activity. An entrepreneur within the meaning of these terms is a natural or legal person or a partnership with legal capacity who, when concluding the contract with the seller, acts in the exercise of their commercial or self-employed professional activity.
1.4 The language of the contract is German.
§ 2 Conclusion of Contract for Orders
2.1 The presentation of products in the online shop does not constitute a legally binding offer from Adler, but is merely an invitation to the customer to order products. By clicking the [order with payment obligation] button, the customer submits a binding purchase offer. Adler can accept this offer by sending a separate order confirmation via email within three days. The confirmation of receipt of the order is sent by automated email immediately after submitting the order and does not yet constitute acceptance of the contract.
2.2 The ordering process follows this procedure:
2.3 The customer receives an email confirmation of receipt and subsequently an order confirmation with all order details, including the General Terms and Conditions. Adler stores the customer's order and the entered order data. The customer has the option to print both the order and the General Terms and Conditions before sending the order to Adler. The order data can also be viewed at any time after receiving the login details in the customer area.
§ 3 Right of Withdrawal for Consumers
The right of withdrawal does not apply according to § 312g Abs. 2 Nr. 8 of the German Civil Code (BGB) for distance contracts concerning the delivery of goods whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control and which may occur during the withdrawal period, such as in the delivery of precious metals.
Your order of precious metal bars and coins is therefore non-revocable. Only for non-precious metal products does a right of withdrawal exist.
The following right of withdrawal applies only to consumers:
Right of Withdrawal
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 goods.
To exercise your right of withdrawal, you must inform us, Adler Edelmetall GmbH, Neue Mitte 28, 35415 Pohlheim, via a clear declaration (e.g., a letter sent by post or email) about your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and at the latest within fourteen days from the day we receive the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods promptly and in any case no later than fourteen days from the day you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this diminished value results from handling them in a manner not necessary for checking their nature, characteristics, and functioning.
The right of withdrawal does not apply according to § 312g Abs. 2 Nr. 8 BGB for distance contracts for the delivery of goods or for the provision of services, including financial services, whose price depends on fluctuations in the financial market that are beyond the entrepreneur's control and may occur during the withdrawal period, especially services related to stocks, shares in open investment funds as defined in § 1 Abs. 4 of the Investment Act, and other tradable securities, currencies, derivatives, or money market instruments.
§ 4 Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
To
Adler Edelmetall GmbH, Neue Mitte 28, 35415 Pohlheim
Email: info@adleredelmetall.de
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 if communicated on paper)
Date
(*) Delete as applicable.
§ 5 Prices, Shipping Costs, Payment, Due Date
5.1 All prices apply – unless marked as exempt from VAT under § 25 c of the Value Added Tax Act or marked as differently taxed under § 25 a of the Value Added Tax Act (UStG) - including the statutory VAT plus shipping and packaging costs.
If the customer is an entrepreneur, the reverse charge procedure may apply to certain products, whereby the customer is liable for VAT as the recipient of the service. In this case, a separate notice will be provided in the shopping cart.
Additionally, costs for insurance may arise. Costs for insurance and packaging may also apply in the event of self-collection at a site location (see 6.4). The amount of the respective costs can be viewed in the online shop and retrieved under the search function "Shipping Costs."
5.2 Payment of the purchase price and ancillary costs is made in accordance with the options listed in the online shop under the category "Payment Methods." In the case of payment in advance, Adler will provide the bank details in the order confirmation via email. 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 sending of the invoice.
Only if the customer has previously notified Adler can payment of the purchase price also be made in cash when the purchased products are picked up in person at Adler (Adler Edelmetall GmbH, Neue Mitte 28, 35415 Pohlheim). It is expressly noted that even in the case of self-collection, fees (e.g., for packaging and insurance, see 5.1) may arise and these will be charged to the customer by Adler.
5.3 If the customer is a consumer, the purchase price is subject to interest of 5 percentage points above the base interest rate in the event of default. If the customer is not a consumer, the interest rate during default is 9 percentage points above the base interest rate. Adler reserves the right to prove and claim a higher default damage.
5.4 In the case of purchases according to § 3 of these GTC, the sale proceeds will be paid to the bank account specified by the customer within seven days after the completion of the customer's purchase offer by Adler or after the conclusion of a new purchase offer by the customer.
§ 6 Delivery to the Customer, Transfer of Risk
6.1 Deliveries are made within Europe to the residential or business address specified by the customer, where a direct handover to a person is possible. Shipping to P.O. boxes or via deposit at parcel stations is not possible.
6.2 Unless otherwise stated in the offer, the goods will be shipped within five days after payment is received. The customer will receive an email confirming the payment (“Payment Confirmation”).
6.3 If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, in the case of a sale by dispatch upon delivery of the goods to the carrier, freight forwarder, or other person designated to carry out the dispatch. If the buyer is a consumer, the risk of accidental loss and/or accidental deterioration of the sold goods also passes to the buyer upon handover in the case of a sale by dispatch. Handover is deemed to have occurred if the customer is in default of acceptance. Default of acceptance or creditor default in accordance with §§ 300 et seq. of the BGB exists in particular if the customer has provided an incorrect delivery address and has not corrected it during the ordering process. In this case, Adler, as the seller, is liable only for gross negligence and intent. If the purchased item is negligently or accidentally lost, the buyer remains obligated to perform (payment of the purchase price).
§ 7 Retention of Title
Adler retains ownership of the goods until full payment of the purchase price has been made.
§ 8 Identity Verification
Adler will identify the customer and any economic beneficiary as required by law. In this case, the customer is legally obligated to cooperate, especially by providing valid identification documents.
§ 9 Warranty and Liability for Damages
9.1 Consumers
The statutory provisions apply to warranty rights and liability for damages.
9.2 Entrepreneurs
For warranty rights and liability for damages, the following regulations apply:
9.2.1 Duty to Inspect
In contracts with entrepreneurs, the delivered goods must be inspected by the customer without delay after delivery, to the extent that this is feasible in the ordinary course of business. If a defect becomes apparent, it must be reported to us immediately. If the customer fails to report the defect, the goods are deemed approved unless it concerns a defect that was not recognizable during the inspection. If such a defect becomes apparent later, notification must be made immediately after its discovery; otherwise, the goods are also considered approved concerning this defect. The customer bears the full burden of proof for all claim prerequisites, especially for the defect itself, the time of detection of the defect, and the timeliness of the defect report. § 377 of the Commercial Code remains unaffected. The customer's duty to inspect is not exempted even in cases of recourse by the entrepreneur under § 478 of the BGB. If the customer does not immediately report the defect claimed by their buyer in such cases, the goods are also deemed approved concerning this defect.
9.2.2 Limitation Period
The customer's claims for defects, including claims for damages, expire after one year. This does not apply in the event of recourse according to § 478 of the BGB, nor in the cases of §§ 438 Abs. 1 Nr. 2 BGB and § 634a Abs. 1 Nr. 2 BGB. This also does not apply to claims for damages due to injury to life, body, or health or due to grossly negligent or intentional breaches of duty by us or our vicarious agents.
9.2.3 Subsequent Performance
In the event of a defect, we are entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. Subsequent performance is deemed to have failed after the third unsuccessful attempt in these contracts. This clause does not apply in the case of recourse according to § 478 of the BGB.
In the case of subsequent performance for defects, we are only obliged to cover the necessary expenses for this, especially transport, travel, labor, and material costs, to the extent that they do not increase because the item has been taken to a location other than the customer's registered office or commercial establishment to which it was delivered. This clause does not apply in the case of recourse according to § 478 of the BGB.
9.3 Liability Limitations
Adler 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). Liability is limited to the typical and foreseeable contractual damage. Further liability than provided for in this contract, irrespective of the nature of the asserted claim, is excluded. The exclusions and limitations of liability do not apply to any claims under §§ 1, 4 of the Product Liability Act or due to culpable injury to life, body, or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a success of performance or a procurement risk and the guarantee case has occurred or the procurement risk has materialized. Insofar as liability is excluded or limited, this also applies in the case of breaches of duty by our vicarious agents or our representatives. A reversal of the burden of proof is not associated with the preceding regulations.
§ 10 Customer Service
The Adler customer service is available for questions, complaints, and objections on weekdays from 8:00 a.m. to 6:30 p.m. at
Phone: 0151 1144 7423-1
Email: info@adleredelmetall.de
§ 11 Legal System, Jurisdiction
11.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 For consumers, this choice of law applies only insofar as it does not deprive them of mandatory provisions of the law of the state in which they have their habitual residence.
11.3 For all disputes arising from the contractual relationship, the jurisdiction shall be based on the seat of Adler in Giesen if the orderer is a merchant, a legal entity under public law, or a special public law fund.
11.4 The European Commission provides a platform for online dispute resolution (ODR). This is available at the following internet address: https://ec.europa.eu/consumers/odr/ Adler is not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board.
11.5 If one or more provisions of these GTC are ineffective, the contract remains otherwise effective.
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