Terms and Conditions

All deliveries by us are made exclusively in accordance with the conditions set out below. Deviating terms and conditions of the customer are only binding for us if we have acknowledged them in writing.

Our terms and conditions also apply to future deliveries to the customer even if we have not enclosed them in each individual case. It is sufficient that the customer was able to take note of these terms and conditions with the first or any other delivery.

Agreements that deviate from these conditions must be in written form in order to be effective.

The prices we quote apply to the individual order. Repeat orders are considered new orders.

The prices apply plus freight, postage, packaging, insurance and other ancillary costs. Value added tax will be invoiced separately at the statutory rate.

Invoicing takes place upon delivery.

Our prices are based on the respective exchange rates on the commodity markets. The rate applicable on the day of the order is decisive.

If unforeseeable increases in wage or material costs occur before the execution of the order, we reserve the right to adjust our prices accordingly without calculating any additional profit.

We may make completion of the ordered goods dependent on the prior delivery of the required quantity of precious metal by the customer. Delivery is made exclusively at the customer’s expense and risk. Upon acceptance of the delivery by our staff, the precious metal becomes our property. It is credited to the customer’s metal account. In the event of delayed delivery, the customer is obliged to compensate us for any damage incurred, in particular any subsequent taxation by the tax authorities if they should not recognize the processing transaction as a work performance.

We are entitled to demand default interest at a rate of 8 percentage points above the base interest rate.

The customer may not refuse or withhold their performance, nor offset it against counterclaims on the basis of any such counterclaims, unless these have been acknowledged by us as undisputed in terms of basis and amount, or have been finally and conclusively determined by a court of law.

In the event of a significant deterioration in the customer’s financial situation after conclusion of the contract, for example due to protested bills of exchange or enforcement measures, we shall – without prejudice to any other rights – be entitled to take the following measures. Furthermore, we shall already be entitled to exercise the right of early maturity pursuant to § 2 para. 9 no. 2 if the customer has been in default of payment for more than 30 days with at least 25% of their total liabilities (undisputed principal claims).

As long as we have not yet fulfilled our deliveries, we are entitled to withdraw from these contracts if the customer has not provided sufficient security or their consideration within a reasonable period set by us.

To the extent that we have already rendered our deliveries, we may declare any resulting claims that are not yet due, including those for which bills of exchange or checks have been provided, immediately due and payable.

In the event of force majeure, operational disruptions for which we are not responsible, subsequent strikes, lawful lockouts, and delays in material deliveries for which we are not responsible, the delivery period shall be reasonably extended. If the delay lasts longer than three months, both parties are entitled to withdraw from the contract without any claim for damages.

We are entitled to make partial deliveries to a reasonable extent.

The customer may withdraw from the contract if we are in default and a grace period of 6 weeks to be set by the customer expires without result. Claims for damages by the customer due to delay and/or non-performance as a result of delay exist only in accordance with § 9 of these terms and conditions.

The goods are delivered at the customer's expense. We assume the risk of loss during delivery. In the case of returns, including on approval, the same shipping method must be used as for the original dispatch of the goods. If the shipping method for returns deviates from this, the customer shall in all cases bear the risk of loss and damage to the goods. Returns of goods on approval are furthermore only insured if the items are returned before the approval period expires. This also applies when the goods are shipped to a recipient designated by the buyer as well as in the case of carriage-paid deliveries.

If goods are left for selection, they shall be deemed to have been firmly purchased and taken over by the recipient if we do not receive the goods back within the period specified in the selection note enclosed with the selection.

The selection goods are insured by us for the duration of the selection period; thereafter, all risk, including the risk of accidental loss without fault, passes to the recipient.

Section 1 (1) also applies to selections.

If selected goods are used by the recipient as display pieces before the expiry of the period specified in the selection note, or are taken into travelling stock, or are not stored in the safe outside business hours, the customer bears all risk, including the risk of accidental loss without fault. In view of this, the recipient is obliged to ensure full insurance cover for these goods and hereby irrevocably assigns to us in advance his claims against the insurer. We hereby accept this assignment. The release provision in § 7 para. 8 applies accordingly. In the event of the loss of the goods, the recipient undertakes to inform us of this without delay.

For insurance coverage of selection returns, § 4 applies accordingly.

Obvious defects must be notified to us in writing no later than 5 working days after receipt of the goods. Otherwise, the customer’s warranty claims are excluded. The commercial duty to inspect and give notice of defects pursuant to § 377 HGB remains unaffected by this.

In the case of justified notices of defects, we are initially entitled to remedy the defect or provide a replacement. If the rectification of the defect or the replacement delivery fails within a reasonable period, the customer may demand a reduction of the purchase price or, at his discretion, rescission of the contract.

Claims for damages based on defects are excluded, except in the case of our assurance of specific properties; in such cases, however, liability is limited to the direct damage to the delivered item, insofar as the assurance does not cover the risk of further damage. In all other respects, we provide compensation for damages due to defects, regardless of the legal basis, only in accordance with § 9.

All goods delivered shall remain our property (goods subject to retention of title) until full payment of all claims to which we are entitled from the business relationship with the customer has been received. The inclusion of individual claims in a current account or the drawing and acknowledgment of a balance shall not cancel the retention of title. If, in connection with payment of the purchase price by the customer, a bill of exchange liability is established on our part, the retention of title shall not expire before the bill of exchange has been honored by the customer as drawee. If bills of exchange or checks are given in payment, only their encashment shall be deemed settlement.

If the goods subject to retention of title are processed by the buyer into a new movable item, the newly manufactured item is produced for us. The new item becomes our property. In the event of processing together with goods that do not belong to the customer, we acquire co-ownership of the new item in proportion to the value of the goods subject to retention of title compared with the other goods at the time of processing. If goods subject to retention of title are combined, mixed or blended with goods that do not belong to the customer in accordance with §§ 947, 948 BGB, we become co-owners in accordance with the statutory provisions. If the customer acquires sole ownership, they hereby transfer to us co-ownership in proportion to the value of the goods subject to retention of title compared with the other goods at the time of combination, mixing or blending. In such cases, the customer shall store the item which is our property or co-owned by us, and which is likewise deemed to be goods subject to retention of title, free of charge.

If goods subject to retention of title are sold by the customer, either alone or together with goods that do not belong to us, the customer hereby irrevocably assigns to us, already at this point in time, the claims arising from such sale in the amount of the value of the goods subject to retention of title, including all ancillary rights and with priority. We accept this assignment. If the goods sold are in our co-ownership, the assignment of the claim extends to the amount corresponding to our ownership share in the co-ownership.

The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of regular business. The customer is not entitled to make any other dispositions, in particular pledges or transfers by way of security. In the event of default in payment by the customer, we are entitled to disclose the assignment and to demand payments from the third party directly to us. At our request, the customer shall provide us with all documents and information required to assert the claim.

In the event of default of payment by the customer and in the other cases referred to in § 2 para. 8, the customer’s right to resell and process the goods subject to retention of title and the authorization regarding the assigned claims shall lapse; this also applies in the event of bill of exchange and cheque protest. We are then entitled to demand the return of the goods subject to retention of title without thereby withdrawing from the contract, unless the Installment Payments Act is applicable.

If goods subject to retention of title are seized or confiscated at the customer’s premises, the customer must inform us of this immediately in writing and provide us with the documents required for intervention.

The customer is obliged, at their own expense and for our benefit, to adequately insure the goods subject to retention of title against any loss and any damage. The customer hereby assigns to us, with immediate effect, all insurance claims arising therefrom in relation to the goods subject to retention of title; we accept this assignment. The customer undertakes to inform us without delay in the event of damage.

If the value of the collateral provided exceeds the claims by more than 10%, we are obliged, at our discretion, to retransfer or release it.

In the event of an imminent seizure of the goods subject to retention of title by a third party, the customer undertakes to inform the third party that the goods are subject to retention of title.

In the event of final returns of goods due to payment difficulties or insolvency of the customer, a credit note will be issued. In this context, we reserve the right to apply deductions as follows:

• the external condition of the goods at the time of return (e.g. due to the costs of any necessary refurbishing work);
• any depreciation in value occurring between delivery and return due to the item becoming outdated in fashion or due to technological advancement;
• a precious metal price that has fallen compared to the day of invoicing. The decisive factor is the price on the day on which the goods subject to retention of title return to our direct possession. The customer retains the right to prove that a deduction is not justified or is only justified to a significantly lesser extent.

All claims by the customer for compensation of any kind of damage are excluded, regardless of their legal basis. This also applies to claims based on non-contractual liability, breach of duties in contract negotiations, as well as breach of contractual or statutory ancillary obligations. The above exclusion of liability does not apply in cases of intent or gross negligence.

Our designs, images, samples, models and the like are considered our intellectual property and may not be imitated by the customer, nor used in any other way for reproduction, even if no special intellectual property rights exist for them. Any violation of this shall make the customer liable for damages (§ 823 BGB).

Our customers are not permitted to sell our goods on the internet without our express written consent.

In the event that an online sale is approved, the customer is obligated to offer the goods at our specified sales prices.

The customer is prohibited from offering the goods at a lower price on the internet.

Our business partners acknowledge our corporate policy on “laws, human rights, environment, and health” and our supply chain policy as contractually binding.

We are entitled to process, or have processed, all data relating to the business relationship with the customer within the meaning of the German Federal Data Protection Act (BDSG).

The place of performance for both parties is exclusively Pohlheim.

The place of jurisdiction for all legal disputes arising from the contractual relationship, as well as regarding its formation and validity, including actions on bills of exchange and cheques, shall, in the case of full merchants, be Gießen for both parties or, at our discretion, also the customer's registered office.

The contractual relationship is governed exclusively by German law for both parties, to the exclusion of the so-called “Hague Convention on the International Sale of Goods” (EKG or EKAG) and the UN Convention on Contracts for the International Sale of Goods.