CelticGold General Terms and Condition
Content
§ 1 Legal Information about the Companies
§ 2 Scope of Application
§ 3 Concluding a contract
§ 4 Prices, delivery costs, and other costs
§ 5 Payment, cancellation, and trading hours
§ 6 Delivery and transfer of liability
§ 7 Liability for damages and warranty rights
§ 8 Secure Storage
§ 9 Identification obligations and compliance with the provisions of the money laundering act
§10 Place of jurisdiction and applicable law
§ 1 Legal Information about the Companies
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CelticGold Inc. (AG) |
CelticGold AG Eesti Filiaal |
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Registered Address: Bad Nauheimer Str. 4 64289 Darmstadt Germany
Corporate Registry: HRB9192 VAT ID: DE219068502 CEO: Stefan Krämer Chairman: Doris Krämer Phone: +49 (0) 6151 73471-171 Fax: +49 (0) 6151 73475-150 |
Registered Address: Viru Väljak 2 10111 Tallinn Estonia
Corporate Registry: 12433900 VAT ID: EE101619963 Branch Manager: Stefan Krämer Phone: +372 (0)663 1250 Form of Incorporation: Branch of CelticGold AG |
§ 2 Scope of application
- The present general terms and conditions (GTC) apply to all deliveries, sales contracts, storage, other services, and legal transactions between CelticGold AG, including its Estonian branch (hereinafter referred to in § 1 as CelticGold), and you as customer (consumer or entrepreneur), in the area of bullion trading, including storage.
- The definition of consumer is as per § 13 BGB (German Civil Code), whereby any natural person is a consumer whose legal transactions cannot be considered to be either commercial or independent professional activity.
- CelticGold AG, including its branch office, is the owner of the Web site www.celticgold.eu.
- The GTCs determine the specifics and at the same time constitute customer information for transactions between you (customer) and CelticGold and its branch office.
- The GTCs can be accessed before making an order at celticgold.eu via links at the bottom, and on the order summary page (Checkout). The GTCs can be stored on your computer or smartphone, or printed out.
- Note regarding exclusion of the right of revocation for consumers: Products whose prices are subject to financial market fluctuations that the seller (CelticGold) has no control over, are excluded from the right of revocation as per § 312 section 4 no. 6 BGB. This also applies to distance contracts. After order confirmation your order cannot be revoked and will be binding.
§ 3 Concluding a contract
The products and services offered on celticgold.eu do not constitute a binding offer to sell. The conclusion of a contract (order) is based on you as a customer. To purchase products, enter the desired amount in the shopping cart and proceed to checkout. Checkout is the summary page where you will enter the relevant information for your order. The order summary page does not represent a binding purchase contract. Only after completely filling out all relevant information and clicking the button "Order with obligation to pay" will the purchase contract be concluded.
CelticGold will then send an order confirmation by email. We reserve the right to edit or cancel the order within 48 hours. We reserve the right to reject orders from customers who were unreliable or who paid late in the past.
It is not possible to make individual changes to these GTCs in individual cases.
Ordering steps
After you have clicked " Order with obligation to pay" on our website CelticGold.eu, we will send an order confirmation by email with the order number, a list of ordered products and prices, as well as payment details. The purchase contract will then be binding, and you will proceed with payment as stipulated by
§ 5.
We will acknowledge receipt of the invoiced amount with a separate payment notification by e-mail. We will then prepare delivery of the goods in accordance with the shipping method you chose (delivery, collection, or storage).
We are entitled to revoke the order confirmation within one week in case of faulty data processing of purchase prices or omissions on our website, the impact of which is to our detriment. We will refund the paid purchase price immediately, including any ancillary costs.
Legal rights for rescission of the contract due to error remain unaffected.
§ 4 Prices, delivery costs, and other costs
- The prices shown on our website are final prices, including all CelticGold.eu price components. Prices are quoted in euros and will be settled in euros. Delivery costs are additional expenses.
- Delivery of gold products can be carried out worldwide. You can view the costs before placing an order in the checkout, as well as in the frequently asked questions on CelticGold.eu. If you desire delivery to a country that is not listed, please contact us by email info@celticgold.eu or by telephone +49 (0) 6151 73475-171. Delivery will always proceed to the address specified in your order fully insured, regardless of the choice of logistics company. You can alternatively collect the order at our bullion logistics partner, where the bullion is kept for storage. The storage contract is concluded with the preparation of your seal bag (see § 8).
- Delivery costs apply per order that has been made for delivery. Combined deliveries based on individual orders are not possible.The specifics of delivery are stipulated in § 6. However, there is the possibility of combining deliveries from storage. (see § 8)
§ 5 Payment, cancellation, and trading hours
- Payment of the total amount (purchase price plus ancillary costs) must be made in advance. You will receive our banking connection in the order confirmation.
- The total amount is payable immediately, and must be credited to the account no later than 3 business days after confirmation of your order. If it is not received within 3 business days, we are entitled to rescind the contract. The assertion of other or further legal claims for purchase price payment, default interest, and/or damages shall remain unaffected. A claim for damages will be present for a price change on the financial market occurring after confirmation of the order.
- We retain ownership of the delivered bullion in all cases until full payment of the total delivery amount.
- This applies to the purchase price upon order acceptance. CelticGold.eu is open 24 hours, 7 days a week. Bullion prices are constantly changing on the financial markets; significant price fluctuations can occasionally occur. During business day office times from 09:00 to 17:00, orders over € 50,000 can be confirmed in price (firm deal).
§ 6 Delivery and transfer of liability
- With the delivery option "Delivery", delivery will exclusively be to the specified address as per the order confirmation. Handover will take place onsite to a person met there who has been authorised in accordance with the conditions for receiving deliveries, and who will acknowledge receipt. Deliveries to a parcel deposit and pick-up station or post office box are not possible.
- Upon delivery by a precious goods courier, and with collection in person, the handover will take place after an identity check via valid government-issued photo identification of the receiving person. Authorised representatives will also need their own government-issued photo identification, and written, i.e. signed authorisation from the purchaser, in the original. The above identity check is independent from statutory provisions (see § 9) and remains unaffected.
- Deliveries include two delivery attempts during normal business day delivery times. If there is no authorised person to receive after the second attempt and the delivery fails to occur, we can withdraw from the contract. Payments will be refunded immediately. Our legal rights to compensation for additional expenses shall remain unaffected.
- The risk of accidental deterioration and accidental loss of the goods passes to you as per the statutory provisions, i.e. with handover or default of acceptance. For delivery CelticGold assumes the risk of loss or damage to the goods during transit to you.
- Orders will be shipped within 1-3 business days (Monday to Friday), unless availability and delivery time are otherwise indicated.
- If CelticGold cannot adhere to a binding delivery period, even if we are not responsible for the delay, such as due to force majeure, or to delayed delivery to us by our supplier through no fault of our own, we will immediately notify you. If necessary we will assign a new delivery time. If the new delivery time is not acceptable to you, or if the goods are again expected not to be available, both parties are entitled to withdraw from the contract. We will refund any payment you have made immediately. The legal rights of both parties will remain unaffected.
§ 7 Liability for damages and warranty rights
- The statutory provisions on factual and legal deficiencies for consumers apply unless otherwise determined below.
- The limitation period for companies is one year from transfer of liability (receipt of goods), unless we are liable for damages as per section 3 below.
- Regardless of the legal basis, CelticGold assumes liability for breaches of duty with intent or due to gross negligence. In case of simple negligence, we shall only be liable:
-for damages arising from injury to life, body, or health
-for damages resulting from the breach of an essential contractual obligation, a so-called cardinal obligation (an obligation whose fulfilment enables the proper execution of the contract in the first place, and on whose compliance the contractual partner regularly relies and may rely).
In this case, our liability is limited to compensation of the foreseeable damage. - The above limitations of liability also apply to breaches of duty by employees and vicarious agents whom we are responsible for as per legal regulations. Claims as per the product liability act remain unaffected.
§ 8 Storage
- Conclusion of the contract
The storage contract will be concluded in accordance with these GTCs if the ordered goods have been sealed in the seal bag in the customer's name (seal bag number assignment). Seal bag refers to a suitable storage container with a seal and an individual number. There is no minimum period for the goods in storage; the storage contract is concluded for an indefinite period. - Costs, invoicing, and payment
The storage fee can be viewed at any time on CelticGold.eu, and is understood to be annual based on the average value of the stored precious goods.
The settlement of all values will be calculated using the average cost method over the period of a quarter. The metal prices that are established daily for bullion at midnight will be determined and recorded. At the end of the quarter an average rate will be calculated from all the recorded rates. Invoicing will proceed at the end of each calendar quarter.
The storage invoice will be sent with the seal bag history (a record of all seal bag movements) via email, and will also be available for download from the customer account under "My Vault".
The precious goods invoice must be paid within 15 days of its preparation. The extended enforced lien (item 7) will be applied 16 days after invoicing. The assertion of other or additional legal claims for payment and/or interest on arrears shall remain unaffected. - Notice periods
There is no notice period. The stored seal bags are the customer's property and may be delivered, sold and/or picked up on business days. All costs, such as delivery and/or storage fees, must be paid prior to complete removal from storage. - Allocated storage
The bullion intended for storage will be allocated to the customer's name and separated from all other stocks. They will be stored in industry-standard, sealed containers. CelticGold has no legal or physical access to the allocated goods. The only exception is the extended enforced lien in point 7.
The duties of the depositary consist of proper storage in a high security vault, such as recording all changes to stock. Commercial use is not part of the agreement and will not result as a consequence. - Vault
Vaults pertain to buildings that are specialised for the storage of valuables. The operators of these vaults are our vault partners. CelticGold provides storage at Prosegur in Rathenaustr. 63, 63263 Frankfurt/Neu-Isenburg, Germany. - Stock preparation and audit
The sealbags are audited daily. An external audit is conducted at the end of each quarter. In the external inventory audit randomly stored seal bags are selected and checked as to their contents against the seal back inventory. In this case, our storage logistics providers will newly seal the products and update the new seal number in the seal bag history.
Should inventory inspection deviations arise, an internal investigation will immediately be initiated to determine the deviation. CelticGold will immediately contact the owner.
CelticGold sends the stock and the stock movement of each seal bag at the end of each quarter with every storage invoice. The current stock, the seal bag history, and the seal bag archive are available at any time from the secure customer account on CelticGold.eu. - Ownership and extended enforced lien
Upon sealing the seal bag ownership of the goods passes to the customer. Celtic Gold separately confirms the goods movement in the value of storage, including the seal number(s) by email. The status change for "storage" can also be viewed in your CelticGold.eu customer account
The depositary (CelticGold) acquires no ownership of the delivered bullion. In the event of depositary insolvency, the customer has a right of separation (§47 InsO/insolvency code). The customer's rights from the deposit contract are non-transferable.
The customer (or private entrepreneur) and the depositary agree to an expanded lien on all the customer's stored goods upon concluding the storage contract. The depositary is entitled to use customer holdings for unpaid or default costs. If there are several deposited bullion products, CelticGold is entitled to select the products, although the customer's legitimate interests will be taken into consideration. The bullion will be exploited in accordance with the statutory provisions of the lien enforcement sale (§§ 1228 et seq. BGB).
The bullion that has not been sold will be resealed, and any excess will be paid immediately to the customer or credited if CelticGold cannot reach the customer. - Insurance and liability
The bullion deposited by CelticGold's vault partners is insured against loss, damage, and destruction. CelticGold regularly receives insurance certificates from each vault partner. The insurance certificates can be requested by email at info@celticgold or by phone at +49 6151 73475-171.
Force majeure is not insured. Force majeure means unforeseen events such as natural disasters of any kind, the taking of hostages, war, unrest, civil war, revolution, terrorism, and strikes.
Liability for damages is as stipulated in § 7, points (3) and (4) - Security and power of attorney
The allocated seal bags can be viewed in your account in the 'My Vault' area. A secure password for your account is deemed to be agreed upon. The secure password should be at least 8 characters, and consist of upper and lowercase letters, numbers, and special characters.
With each order that is made for storage, CelticGold will send an attachment via email for multi-level authentication. Multi-level authentication is for governance in written form of contact information, delivery address, password security, emergency contact, banking connection, and power of attorney. The document must be sent back in the original, including a copy of a valid passport or identity card, to CelticGold AG, Bad Nauheimer Str. 4, 64289 Darmstadt, Germany.
The information provided to CelticGold will be used exclusively in the context of storage. It is understood that CelticGold will make a copy of the information, and maintain it in accordance with the statutory provisions. The original will be forwarded for depositing to Prosegur.
You can grant joint or individual power of attorney to a person with regard to storage. For this purpose use page two of the multi-level authentication that is sent attached with each order confirmation instructed for storage.
The power of attorney can be revoked at any time, be granted limited as to time period until death, or indefinitely beyond death.
The revocation of a power of attorney can only be made in writing to the depositary, with future effect. Arrangements available in the event of death are stipulated as per § 8, point (13). - Storage
Delivery into storage is completed with the transfer of bullion in the customer's seal bag.With customer deliveries, the supplied bullion is inventoried in the presence of the customer. All products will be screened (fees apply) and sealed. Damaged products will not be stored and returned to the customer. - Removal
The available removal options are sending (worldwide), collection, and sale. The customer order with removal instructions can be submitted via the website CelticGold.eu, by fax, by mail, or email.
With your order the vault storage logistics provider will inspect the handling instructions and power of attorney referred to in point (9). If the information is identical, the order will be processed on the next business day (Monday to Friday). If there are deviations you will be contacted for verification by telephone.
Insofar as the insurance regulations for the delivery allow, the closed seal bag will be sent. Should this not be possible, for example due to packaging, insurance, and weight restrictions, the seal bag in question will be opened and the contents distributed in multiple packages. Our storage logistics provider will also send the opened seal bag.
The arrangements for the reception of deliveries are as stipulated in § 6. Any deficiencies or omission of products must be reported immediately. Sales of stored items will be credited to the customer's bank account immediately after transfer into the CelticGold stock. - Delivery costs
Costs will be invoiced for deliveries of stored items. These costs include packaging, removal, transportation, insurance, and VAT. Delivery fees will be paid in advance. CelticGold will send a delivery confirmation to the customer with our bank details. - Death of the owner
Upon the death of the owner, the owner will have heirs by inheritance to be designated by the executor via executor testimony. Will the depositary be provided with a copy or a copy certified by the court of a disposition of property upon death, thereby enabling the depositary, with discharging effect, to permit disposal of property by whoever has been called to inherit or to be executor in the disposition of property upon death. This does not apply if it is positively known by the depositary that those named there are not authorised.
Heirs may grant power of attorney to a third party by written declaration in accordance with section 9. The right to revoke an existing power of attorney is entitled to each heir alone. If a co-heir revokes with the depositary, the power of attorney expires.
§ 9 Identification obligations and compliance with the provisions of the money laundering act
- CelticGold undertakes to identify customers and any economic beneficiaries in accordance with the money laundering act (MLA). As contractual partner you are legally obliged to cooperate, meaning that you will provide the required documents for identification. Payment by bank transfer and/or PayPal constitutes extended identification. In this case, information will only need to be provided upon request. This identification as per MLA is independent of those documents provided to CelticGold in the context of storage as per § 8 (9).
- CelticGold does not accept cash for the equivalent of EUR 2,000 or more.
- You verify identity by presenting a passport or identity card in the original. If our contract partner is a legal person or business partnership, you must present a statement from an official registry or directory. You may need to submit additional documentation such as a partnership agreement. As customer you also need to specify the name of the economic beneficiary and verify its identity as described above. CelticGold is entitled to make a copy of the documents submitted for identify verification, and to be maintain them in accordance with the statutory provisions.
§ 10 Dispute Resolution in accordance with Art. 14 Paragraph 1 ODR-VO
Online dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 11 Place of jurisdiction and applicable law
- For the contractual relationship, the applicable law is the Federal Republic of Germany under exclusion of material uniform law, in particular of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions for the validity of mandatory consumer protection legislation remain unaffected.
- The legal provisions apply to the place of jurisdiction if the buyer is a consumer. The buyer is a businessman or legal person the exclusive place of jurisdiction, including internationally, for all disputes arising from the contractual relationship is our company headquarters in Darmstadt, Germany. The same applies if the buyer is any other entrepreneur. However, we are also entitled to take legal action at the place of performance of the delivery commitment referred to in section 6, or of a prior individual agreement, or at the buyer's general place of jurisdiction.