|GENERAL TERMS AND CONDITIONS
FOR ORDERS TO BROKER THE PURCHASE OF PRECIOUS METALS (also as
REGELAR MONTHLY PURCHASE)
§ 1 Scope
- The following terms and conditions are an integral part of any contract between NLFY GmbH, Zum Breiten Busch 1, 37139 Adelebsen, represented by their managing directors Mr.Horst Mettjes, Jörg Günther (the following: mediators) and the buyer.
- The mediator will provide the services exclusively on the basis of these terms and conditions.
§ 2 Subject matter of contract / conclusion of contract
(1) The mediator mediates the purchase of precious metals. The buyer concludes a contract with the mediator for the acquisition, storage and management of physical precious metals (mediation contract).
(2) The conciliation agreement can only be concluded by persons who have been 18 years of age.
(3) The agency contract is concluded by the order by the buyer, the acceptance by the mediator and the payment for the ordered product/s to the account of the mediator. There is the possibility of recurring monthly order as part of a rate purchase..
(4) For the recurring monthly orders, it is valid that the agent accept the order of the buyer per part delivery with the receipt of the money but not before the end of the withdrawal period and thereafter passes the ownership of the purchased precious metals to the buyer, at the latest within 5 working days. The buyer waives the receipt of the monthly declaration of acceptance.
(5) The conclusion of the mediation contract is confirmed to the buyer by electronic means.
(6) As far as order forms are used, these are considered to be part of the contract. The same applies to the price and service list of the mediator, which is also an integral part of this contract.
§ 3 Purchase of precious Metals
- With each deposit into the bank account of the mediator, stating the customer number, the buyer gives the order for the purchase and storage of physical precious metals (gold 999/1000, Silver 999/1000) in the form of bars or granules of a recognized separating institution ( Generic purchase). The smallest unit to be purchased is 1/10,000 grams. The mediator is not obligated to observe price limits. The buyer has the option of choosing whether to buy gold or silver. After receipt of the purchase amount, the precious metals are purchased twice per month on the basis of the daily current courses: In the case of money receipt until the 5th of the month, the purchase is made by the 5th working day after the 5th of the month at the latest. In the case of money receipt until the 20th of the month, the purchase is made by the 5th working day after the 20th of the month at the latest. The actual purchase price for the corresponding type of precious metal includes the form costs, a trading margin, processing and administration costs, insurance, the forwarding costs for the insured value transport, customs processing and Auditors ' costs, etc.
- As the purchase of the precious metals can only take place after receipt of money, the buyer agrees to a subsequent purchase price determination.
- The buyer waives a monthly statement of acceptance of his monthly purchase declaration (re-ordering). With the acceptance of the purchase agreement, the buyer receives a protected online access, in which he can have a look at his custody account and create custody statements at any time via the Internet.
- The confirmation of the acquisition of precious metals takes place at the latest 5 working days after the purchase and is made available to the buyer in his protected, internal login area of the internet site of the mediator.
- There is agreement between the parties that the smallest unit to be purchased is regulated in the respective purchasing type. The mediator may prescribe minimum weight and/or unit units for credits, charges and physical deliveries, such as ingots and common investment coins, listed in pieces with corresponding weight figures in grams/ounces. In relation to the denomination of precious metals, the mediator is free.
- In the case of a VAT obligation for trading in precious metals, the agreed purchase price including the statutory value added tax is to be understood.
§ 4 Withdrawal
- Pursuant to § 312 D ABS. 4 clause 6 BGB does not exist in the case of the individual purchase of precious metals, since the distance contract has the delivery of goods, the price of which is subject to fluctuations in the financial market, to which the trader has no influence and may occur within the withdrawal period.
- Unless the purchase of precious metals by a consumer is covered by § 312 D para 4 clause 6 BGB, the following revocation instructions shall apply:
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or-if the matter is left to you before the deadline-also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods at the depositary (in the recurring delivery of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our information obligations in accordance Article 246 § 2 in conjunction with § 1 para 1 and 2 EGBGB as well as our obligations under § 312g para 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. In order to maintain the withdrawal period, the timely dispatch of the revocation or the goods suffices.
The revocation is to be addressed to:
Zum Breiten Busch 1
Fax: 06224 - 1751555
Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be be returned. If you are unable to provide us with the received performance and uses (e.g. benefits for use), or in some cases, or only in a deteriorated condition, you must provide us with value compensation. For the deterioration of the item and for drawn uses, you must pay compensation only if the use or the deterioration is due to a handling of the matter, which goes beyond the examination of the properties and the functioning. "Checking the properties and functioning" means testing and trying out the respective product, as is possible and usual in a retail store. Items that are ready for shipment are to be returned to our risk. You have to bear the regular costs of the return, if the delivered goods correspond to the ordered and if the price of the item to be returned does not exceed an amount of 40 euro or if at a higher price of the item at the time of the withdrawal still have not provided the consideration or a contractually agreed partial payment. Otherwise the return is free of charge for you. Items that cannot be shipped by parcel will be picked up at your disposal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the cancellation notice
§ 5 Transfer of ownership
- The mediator provides the buyer with the property of the purchased precious metals by granting the co-ownership after fractions in a collection of physical precious metals in the possession of the mediator in the form of a ingot or in granulate in the top High quality. The transfer of ownership takes place by granting the indirect possession to the precious metals purchased for the buyer, which in turn is carried out by the accounting of the purchased quantities in the precious metal depot managed by the mediator in the high-security warehouse. The parties already declare the agreement regarding the transfer of ownership. It is clearly pointed out that the buyer acquires the precious metal in the form of an ideal fraction of the ownership share of precious metal in ingot form and the mediator is acting as the Besitzmittlerin of the buyer. The fractional part property after fractions of the buyer is determined according to the amount of precious metal entered in the current custody account statement, which is passed in grams. The invoice for the buyer takes place in fine-salary grams or fractions thereof.
- In derogation from the regulations of § § 744 – 746 BGB from the precious metal sammelbestand, the mediator can deliver to each buyer his due precious metal quantity in accordance with § 7 or take out the amount of precious metal that he is entitled to. The approval of the other participants of the precious metal does not require this. The mediator is not entitled to reduce in any other way the precious metal which is in the fractional property.
§ 6 Storage
- The buyer agrees that the precious metal purchased for him will be booked and stored in a high-security warehouse managed by the mediator. The storage of precious metals is carried out on account of the buyer and with the right of the buyer to part of the whole (fractional ownership) in a high security warehouse in Switzerland or in Germany free of VAT.During the storage period, the mediator maintains an adequate insurance against damage and theft at all times.
- At each change in inventory (purchase, sale or storage fee), the mediator creates an overview of the current noble availability for the buyer with regard to his acquired property and presents it to the buyer in his protected, internal area of the website for download. The inventory shown in the overview is deemed to be approved if the buyer does not object to the statement in writing within 60 days after receipt of the statement.
- The monthly storage fee for precious metals is 0.16% of the grams of the precious metals stored at the date of the first day of the month. The storage fee is due immediately and is taken by the mediator to the precious metal availability of the buyer.
- Warehousing is part of the contract and can be terminated in writing at any time. In this case, in accordance with § 7, the stock is delivered to the buyer's address, which is apparent from the precious metal purchase agreement, or repurchased according to § 8 by the mediator, according to the buyer's wishes.
- The mediator has the right to entrust the precious metal availabilities to an alternative depository for safekeeping, provided that the other depository complies with these contractual requirements and the applicable law.
§ 7 Delivery
- The right to cancel the fractional community is exercised at the option of the buyer by delivery or payment of the precious metals.
- The buyer may require the intermediary to deliver from the precious metal collection stock a desired amount of gold and / or silver to its last known address in commercial delivery size.
- The precious metals are delivered in the form of bars or granules of a recognized refinery.
The smallest delivery size for gold is 20 g, for silver 1,000 g. With regard to smaller quantities, the buyer may demand repurchase from the intermediary.
At the express request of the buyer under the express indication of the incurment of increased costs (increased mold costs) the delivery takes place even in the smallest available quantities. In the case of a non-divisible fraction, the repurchase in accordance with § 8 is already agreed.
- The delivery is charged to the buyer. In particular, the buyer has to bear the following costs:
Mold costs, packaging, delivery costs, insurance, taxes, administration and processing fees, customs duties and other country-specific charges. The costs of delivery (including customs duties) are due before delivery.
Upon receipt of these delivery costs on the intermediary's bank account, the intermediary arranges the delivery to the buyer.
- With the delivery, a corresponding derecognition takes place from the precious metal inventory of the buyer.
- The execution of the delivery presupposes that all required documents and information which are necessary for the execution of the delivery have been made available to the agent.
- Delivery and service delays due to force majeure and events that make the delivery not only temporarily difficult or impossible for the agent - in particular strike, lock-out of official orders - does not represent the agent even at bindingly agreed deadlines. They entitle the mediator to delay the delivery by the duration of the disability plus a reasonable start-up.
- If the broker incurs additional shipping costs or other costs (damages) due to the indication of a wrong address or a wrong addressee, these costs shall be reimbursed by the purchaser, unless he is not responsible for the misrepresentation.
§ 8 Repurchase
- The buyer may request the repurchase of a part or all of the quantity of precious metals belonging to him from the intermediary at any time. This application must be submitted in writing, by using the agent's form, which is available for download in its protected internal login area on the agent's website.
- The broker will make the repurchase by the 5th of the month at the latest on the 5th working day after the 5th of the month upon receipt of the repurchase offer. Upon receipt of the repurchase offer by the 20th of the month, the repurchase takes place at the latest on the fifth working day after the 20th of the month.
- The buyer waives a separate declaration of acceptance. The purchase price is published regularly on the website of the broker. If statutory VAT is charged, this is included in the purchase price.
- The buyer loses his ownership of the fractional ownership by transfer of title to the intermediary with the derecognition of the same from the buyer's deposit. The parties already agree today on the agreement on the transfer of ownership in the event of repurchase.
- The payment of the repurchase proceeds due to the buyer takes place within 7 days after transfer of ownership. It can only be made to a bank account in the name of the buyer.
§ 9 Overview of the precious metal component
With every change in the precious metal stock, the broker provides the buyer with a list of the precious metal stocks in grams in his protected, internal login area. This overview shows all precious metal sales and fee deductions.
§ 10 Acquisition fee
- An acquisition fee of 6% (including VAT) on the purchase price for the case of one-time purchases of precious metals and 15% (including VAT) on the purchase price in the case of an installment purchase is agreed between the intermediary and the buyer. Payments, in particular installment payments made by the buyer, are first used on the closing fee mentiones before and subsequently on the purchase of the precious metals.
- The closing fee is due and payable on the due date of the purchase price or in the case of installment payments due on the first installment.
- The buyer has no right to offset the pro rata closing fee for the sale or removal of the stored precious metal stock during the year. The buyer also has no right to offset the proportionate closing fee when reselling the purchased item).
§ 11 Terms, duty of care
- There is no fixed term agreed. In particular, the buyer is therefore also entitled to increase or suspend monthly payments up to the amount of the minimum price. Furthermore, the buyer may at any time request the complete or partial repurchase of the precious metal in accordance with § 8 or the complete or partial delivery of the precious metal in accordance with § 7.
- Notwithstanding the ground of termination in (1), the seller reserves the right to terminate for good cause.
- It is made clear between the parties that the intermediary is not liable for the taxes incurred by the purchase or sale of precious metals by the buyer. The agent does not give any tax advice and will not make any statements to the tax office or other third parties with regard to any applicable taxes and duties. Taxation is governed by national laws and possibly double taxation agreements. Depending on the legal situation, a tax deferral effect may occur when stored in duty-free warehouses.
- The buyer undertakes to notify the agent immediately of any change of address and change of his e-mail address.
The correspondence always takes place at the last known address of the buyer.
§ 12 Funds usage or inventory control
- The intermediary is required to appoint an agent of use, who will determine at least once a year whether the precious metals acquired by the buyer have been physically stored and are in place. With regard to group custody, the appropriation officer checks whether the entirety of the precious metals has been stored in the high security warehouse, according to contracts and supporting documents.
- Averaging auditors may be only certified public accountants, tax consultants or lawyers or equivalent companies. For commissioned persons in Switzerland, similar professions are considered authorized agents of use.
- The buyer acknowledges that any claims for damages of the buyer against the funds inspector shall be limited in amount to the same extent as any claims for damages by the mediator compared with the funds inspector. In agreeing to a limitation of liability with the funds inspector, the agent will orientate himself to the respective sector custom.
- The mediator's power over inventory is limited. Any disposal over the inventory requires the prior approval of a funds inspector (paragraph 2).
- Delivery, storage and retrieval of the stock takes place exclusively in compliance with the four-eyes principle
§ 13 Terms of payment / set-off / right of retention
- The purchase price is due upon conclusion of contract or in the case of installment purchase at the time of the agreed rate. In the case of a one-time purchase the buyer can pay in advance and in case of buying on installments he can place a standing order. Partial payments or partial payment beyond the agreed rate are not possible. A delivery takes place, if the conditions of the payment are fulfilled in accordance with the respective payment possibility.
- All prices shown are to be understood as retail prices including the legal value added tax, provided that the sales tax is incurred.
- In case of late payment, the buyer is obliged to pay default interest of 5% above the base rate to the intermediary.
- Irrespective of paragraph (3), the intermediary remains at liberty to prove higher damages caused by delay as well as other damages.
- A right of set-off and / or right of retention shall only be available to the purchaser with legally established, undisputed or acknowledged claims which, insofar as the right of retention applies, must also stem from the same contractual relationship.
§ 14 Data protection
- The personal and investment-related data of the buyer disclosed in the course of business relations with the broker are stored and used by the broker and by third parties involved. This happens for the purpose of the care within the mediation contract. The personal and investment-related data of the buyer can also be made available to third-party custodians, even if no corresponding statutory provision exists.
§ 15 Money laundering law
- Insofar as the mediator is obliged to identify or verify the buyer pursuant to the money laundering act and other legal provisions, the buyer undertakes to provide the mediator with the necessary documents and information as well as to provide the necessary information. The buyer is also obliged to identify himself without being requested by sending a copy of an identity card or passport and, if this is not apparent from these documents, the name, place of birth, date of birth, nationality and address.
- The buyer declares that he acts on his own account.
§ 16 Limitation of liability
- The seller is liable except for the injury of life, body and health and the breach of essential contractual obligations (transfer and transfer of precious metals) only for damages that are due to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as escaped profit in particular.
- The liability is except for intentional or grossly negligent behavior or for damages resulting from injury to life, body and health and the breach of essential contractual obligations (transfer and transfer of the goods) to the typically foreseeable damage at the conclusion of the contract and otherwise the amount of the limited to typical average damages. This also applies to indirect consequential damages such as escaped profit in particular.
- The limitation of liability of paragraphs 1 and 2 applies mutatis mutandis in favor of the employees and vicarious agents of the seller.
§ 17 Applicable law / jurisdiction
- The law of the Federal Republic of Germany applies excluding the UN sales law. Compulsory provisions of the state in which the buyer has his habitual residence remain unaffected.
- If the buyer is a merchant, a legal entity of public law or special fund under public law, or has no general jurisdiction in Germany or has relocated after conclusion of the contract his residence abroad or his domicile at the time the action is not known, the place of jurisdiction and the place of performance is the location of the seller.
§ 18 Final provisions
- The seller is entitled to change the terms and conditions at any time. The seller will announce changes with a reasonable deadline. The buyer has the right to object to the change. If he does not object to the changed conditions within one month of the announcement, these become part of the contract.
In the event of an objection, the seller is entitled to terminate the contract at the time when the amended or supplementary terms and conditions come into force.
- Incidentally, changes or additions to these GENERAL TERMS AND CONDITIONS FOR CONTRACTS TO PURCHASE PURCHASE OF PRECIOUS METALS must be in writing. This also applies to the lifting of the writing requirement.
State of the terms 01.09.2016