AGB

General Terms and Conditions (GTC) for the Sale and Purchase of Precious Metal(s) of Deutsches Feingoldhaus GmbH

Status: 31.12.2025

The present “General Terms and Conditions for the Sale and Purchase of Precious Metal(s) (GTC)” of Deutsches Feingoldhaus GmbH (hereinafter “Deutsches Feingoldhaus”) apply to the area of the entire distribution of precious metals.

I. Information about the Company

Deutsches Feingoldhaus GmbH

Commercial Register entry: Berlin 260988 B

Serviceable address: Fasanenstrasse 77, 10623 Berlin

Telephone: +49 30 530231170 | Telefax: +49 30 530231170

E-mail: info@deutsches-feingoldhaus.de

Web: www.deutsches-feingoldhaus.de

II. Sales Conditions

§ 1 General, Scope of Application

1. These terms and conditions apply to all offers, deliveries and services as well as other legal transactions of Deutsches Feingoldhaus with consumers and entrepreneurs (hereinafter “CUSTOMER” or “Buyer”) in the area of the distribution of precious metals (“Goods”).

2. A consumer is any natural person who concludes a legal transaction with Deutsches Feingoldhaus for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 BGB).

3. Entrepreneurs are natural or legal persons or partnerships with legal capacity who enter into a business relationship with Deutsches Feingoldhaus when concluding a legal transaction in the exercise of their commercial or self-employed professional activity (§ 14 BGB).

4. In business transactions with entrepreneurs, these terms also apply to all future legal transactions.

5. Deutsches Feingoldhaus does not recognize any conflicting or deviating terms and conditions of the CUSTOMER unless expressly agreed in writing. This also applies if delivery is carried out without reservation in knowledge of conflicting terms.

§ 2 Notice on the Exclusion of the Right of Withdrawal for Consumers

There is no right of withdrawal. Pursuant to § 312g para. 2 no. 8 BGB, consumers do not have a right of withdrawal because the contract concerns 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 withdrawal period.

§ 3 Conclusion of Contract

1. Offers of Deutsches Feingoldhaus on the internet or other media are non-binding invitations to the CUSTOMER to order goods.

2. In the case of purchase orders by fax, letter or e-mail, the CUSTOMER submits a binding offer to conclude a purchase contract upon receipt of the order by Deutsches Feingoldhaus.

3. Order via the online shop:

   a) By clicking the “Buy” button, the CUSTOMER places goods in the shopping cart (non-binding). Before submitting the order, order data are displayed on an overview page and can be corrected. By clicking the confirmation button, the CUSTOMER submits a binding offer to Deutsches Feingoldhaus.

   b) The CUSTOMER receives an automatically generated confirmation of receipt by e-mail. This is not an acceptance of the contract. The contract is only concluded by order confirmation or delivery.

   c) These GTC can be inspected on site during business hours or downloaded/printed via the online shop. The contract text is stored and made accessible to registered customers in the “My customer account” area. At the latest upon delivery, the CUSTOMER receives the contractual content including these GTC again in text form.

4. Deutsches Feingoldhaus is entitled to accept the CUSTOMER’s offer within 3 trading days after receipt by order confirmation. A trading day is any calendar day that is not Saturday, Sunday or a statutory holiday at the company’s registered office on which a price quotation in precious metals is made. Acceptance may be made by letter, fax, e-mail or by delivery of goods. If no acceptance is made within the period, the offer shall be deemed rejected.

5. Unless otherwise agreed, delivery shall be made against ADVANCE PAYMENT.

6. Unless otherwise agreed, the goods are owed by type; Deutsches Feingoldhaus performs from its own stock (“stock debt”). The assumption of a procurement risk requires a separate written agreement with the explicit wording “Deutsches Feingoldhaus assumes the procurement risk…”.

7. Product images in the online shop are sample depictions; there is an entitlement to goods of the same type or equivalent goods.

8. The CUSTOMER warrants the correctness of their information (e.g. name, address, date of birth, e-mail, bank details) and shall notify changes without delay.

9. The place of performance and fulfillment is the registered office of Deutsches Feingoldhaus.

§ 4 Prices, Shipping Costs, Trading Hours

1. The Euro prices valid upon receipt of the offer apply for sales transactions plus statutory VAT, insofar as the order was placed via the online shop and nothing different has been agreed.

2. The usual trading hours apply, which can be viewed in the online shop. For online offers submitted during trading hours, the price lists shown there apply; outside trading hours, the current price at the beginning of the next trading day applies.

3. Offers by letter/fax/e-mail are processed during the counter opening hours of the respective branch. The prices at the time the offer is received during counter hours are decisive. There is no entitlement to processing outside counter hours.

4. Shipping costs shall be borne by the CUSTOMER. Available shipping/logistics options and costs are displayed before submitting the online order.

5. Self-collection: If “Collection” is selected, provision shall be free of charge up to 10 working days after the provision notification. If not collected within the deadline, a fee of EUR 10.00/day may be charged for each additional working day (payment upon collection).

6. Upon collection, a valid ID card/passport must be presented; otherwise, handover may be refused.

7. Saturdays open for sales are not considered trading days; incoming orders are invoiced at the price at the beginning of the next trading day.

§ 5 Money Laundering Act (GwG)

Deutsches Feingoldhaus fulfills the obligations under the GwG and reserves the right, in individual cases, to carry out identity checks/records.

§ 6 Payment Terms, Due Date, Default, Counterclaims

1. Payment is made against ADVANCE PAYMENT. The invoice amount is due immediately upon receipt of the order confirmation/invoice. If no payment is made within 14 days, default occurs without further reminder; reminder costs shall be borne by the CUSTOMER.

2. Default interest: consumers 5 percentage points, entrepreneurs 9 percentage points above the base interest rate (effective interest method).

3. For the duration of the payment default, an expense allowance may be charged in accordance with the current custody/price list.

4. The assertion of further damages remains reserved.

5. In the event of default in payment/lack of creditworthiness, all further claims become due immediately.

6. Set-off only with undisputed or legally established claims; right of retention only arising from the same contractual relationship.

§ 7 Delivery, Delivery Period, Delay in Delivery

1. Delivery to home/company address preferably within 30 working days after payment; packing stations/post office boxes excluded; changes may justify new deadlines.

2. Information about handover to logistics partner; obligation to be present within the agreed time window; no exact delivery time for security reasons.

3. Orders are processed/delivered separately; logistics costs per order.

4. Partial deliveries: permissible to consumers to a reasonable extent; permissible to entrepreneurs.

5. Reservation of self-supply and force majeure regulation; if applicable withdrawal, refund or replacement goods.

6. Default of acceptance/obligations to cooperate: compensation for damages/additional expenses.

7. Transfer of risk in the event of default of acceptance/debtor’s default.

8.–9. Liability according to law; in the case of simple/gross negligence limited to the typical, foreseeable damage.

10. Delivery generally only within Germany; deliveries abroad to entrepreneurs only by separate agreement.

§ 8 Transfer of Risk

1. Consumers: in the case of dispatch, risk passes only upon handover to the CUSTOMER/authorized person; deviating in the case of own carrier with handover to such carrier.

2. Entrepreneurs: delivery “ex warehouse” of Deutsches Feingoldhaus; transport insurance generally included.

§ 9 Retention of Title

1. Goods remain the property of Deutsches Feingoldhaus until full payment has been made.

2. Interventions by third parties must be reported without delay; costs shall be borne by the CUSTOMER insofar as they cannot be obtained from the third party.

3.–4. Processing/mixing: (co-)ownership in proportion to the values; custody by the CUSTOMER.

§ 10 Force Majeure / Exclusion of Liability

No liability for impossibility/delays/disruptions of performance as well as economic/legal disadvantages due to force majeure or unforeseeable, unavoidable events (e.g. war, terror, cyberattacks, natural disasters, epidemics/pandemics, official measures, strikes, energy/IT failures, material shortages, traffic disruptions etc.).

§ 11 Rights in Case of Defects, Liability towards Consumers

The statutory rights in case of defects apply. Liability: unlimited for life, body, health in case of intent/negligence; for intent/gross negligence/fraud; mandatory liability and assumed guarantees. In the event of breach of essential contractual obligations also in case of simple negligence, but limited to the typical, foreseeable damage; no compensation for lost profits/indirect damages (exception: warranted characteristic). Liability limitations also apply in favor of employees/vicarious agents/corporate bodies.

§ 12 Rights in Case of Defects, Liability towards Entrepreneurs

Subsequent performance (remedy of defect/replacement delivery); in case of failure reduction or withdrawal (no withdrawal in case of insignificant defects). Liability in case of intent/gross negligence; in case of essential obligations limited to the typical, foreseeable damage; life/body/health and product liability remain unaffected. Limitation period: 1 year from transfer of risk; supplier recourse § 478 BGB: 5 years from delivery of the defective item. Further tortious/other claims excluded; limitations also apply to personal liability of employees/corporate bodies.

§ 13 Liquidated Damages

In case of non-acceptance, Deutsches Feingoldhaus is entitled to demand 15% of the net purchase price as damages. The CUSTOMER retains the right to prove a lower damage or no damage. Advance payments already made may be set off accordingly; remaining amounts will be refunded.

III. Purchase Conditions

§ 1 General, Scope of Application

Applies to all legal transactions/services in connection with goods offered for sale by the seller (consumer/entrepreneur). Conflicting terms are not recognized; future transactions included.

§ 2 Conclusion of Contract

Offers are non-binding invitations. Binding offer by seller via online shop/letter/fax/e-mail including declaration of ownership, authorization, freedom from third-party rights and legal origin. Acceptance by purchase confirmation within 3 trading days subject to the suspensive condition of positive inspection (authenticity, completeness, recyclability). Unsolicited shipments are deemed an offer; if unusable, return at the seller’s expense or forfeiture. Proofs of identity must be provided within the deadline; if missing, withdrawal without damages is possible. With entrepreneurs, the credit note procedure (§ 14 para. 2 sentence 2 UStG) may be agreed.

§ 3 Purchase Prices, Collection, Logistics Costs, Trading Hours

The purchase prices shown in the online shop or the prices at the time the order is received during counter hours apply. Saturdays open for sales are not trading days. Collection by logistics service provider generally at the seller’s expense preferably within 30 working days after purchase confirmation; force majeure regulations accordingly. Own shipment at own shipping risk possible. For shipments without prior confirmation, the goods receipt price serves as the settlement basis.

§ 4 Money Laundering Act (GwG)

The seller acknowledges that Deutsches Feingoldhaus fulfills the GwG obligations and may require corresponding due diligence as well as proofs of origin.

§ 5 Payment Terms, Due Date, Reservation of Inspection

Due date of the (purchase) price after receipt and positive inspection of the goods; inspection usually within 10 trading days; extension possible in case of extraordinary market situation/events, information to the seller. Payout within 7 banking working days after completion of inspection. In case of negative result, the purchase confirmation lapses; return shipment against logistics costs to be reimbursed in advance.

§ 6 Delivery, Delivery Period, Default

Deviations require consent. Delivery obligation arises with order confirmation; default after 14 days without reminder; costs of the dunning procedure shall be borne by the seller. Dates/deadlines binding; decisive is receipt of the goods. Orders separate; logistics costs per order. Replacement in case of default/breach of cooperation duties; no waiver by acceptance of late delivery. Partial deliveries only with consent. Place of performance is the registered office of Deutsches Feingoldhaus; certificates/accessories must be enclosed. Shipment sufficiently insured with proof of delivery (registered mail with signature).

§ 7 Transfer of Risk

The seller bears the risk of loss until acceptance of the goods by Deutsches Feingoldhaus or its agents at the place of fulfillment.

§ 8 Retention of Title

A retention of title is only binding if it has been agreed separately in writing.

§ 9 Force Majeure / Exclusion of Liability

No liability for impossibility/delays/disruptions of performance/payment delays due to force majeure/unforeseeable events corresponding to § 10 of the sales conditions.

§ 10 Claims for Defects and Recourse

Acceptance subject to inspection; immediate notice of defects; right to choose the type of subsequent performance lies with Deutsches Feingoldhaus; refusal possible in case of disproportionality. Defects in title: indemnification; limitation period 10 years. Restart of limitation period after subsequent performance; obligations to bear costs; recourse in case of returns/reductions; latest limitation 5 years after delivery, earliest 2 months after performance towards customers. Presumption of burden of proof 6 months; assignment of claims against third parties upon request; indemnification in product liability according to responsibility; assumption of costs incl. legal enforcement/recalls; liability as in § 11 (in particular limitation to typical, foreseeable damage); liability limitations also apply in favor of employees/corporate bodies.

IV. Other Generally Applicable Provisions

§ 1 Customer’s Obligations to Cooperate

The CUSTOMER provides required information without delay (changes of data/power of attorney), issues clear orders, ensures correctness/completeness, checks documents/goods after handover and identifies themselves upon request with a valid ID.

§ 2 Applicable Law

The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For orders from abroad, German law applies insofar as mandatory law of the ordering country does not conflict.

§ 3 Place of Jurisdiction, Place of Fulfillment

If the CUSTOMER/seller is a merchant, the place of jurisdiction is the registered office of Deutsches Feingoldhaus; the company may also sue at the court of the CUSTOMER’s/seller’s place of residence. The place of fulfillment is, unless otherwise agreed, the company’s registered office.

§ 4 Final Provisions

The contract and these GTC contain all agreements regarding the subject matter of the contract. There are no oral collateral agreements. Amendments/adjustments will be offered to the CUSTOMER in text form in good time before they take effect. Consent is deemed to have been given if the CUSTOMER does not object in text form by the proposed date (notice of this approval effect is provided in the offer).

V. Severability Clause

Should individual provisions be wholly or partially invalid/unenforceable or become so, the validity of the remaining provisions remains unaffected. In place of the invalid provision, such a provision shall apply as comes closest to the economic purpose and is legally permissible. The same applies to regulatory gaps.

VI. Data Protection

Deutsches Feingoldhaus is subject to data protection regulations and processes personal data within the framework of the same. Statutory and supervisory information and reporting obligations apply. Further information (including data subject rights) can be found in the privacy policy and the data protection notices/information obligations of the company, accessible via the company’s website.

VII. Alternative Dispute Resolution (ODR Platform / VSBG)

The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. Deutsches Feingoldhaus is not obligated to participate and does not participate in dispute resolution proceedings before a consumer arbitration board.