All deliveries and other performances under present and future terms and conditions shall be governed exclusively by the following terms and conditions as well as by separate contractual agreements, if any. Deviating terms and conditions of purchase of the Customer shall not become part of the Contract, not even through order confirmation. Their inclusion is expressly rejected.
II. Contract conclusion
The Purchase Contract shall be formed with 1st Commodity GmbH, Local Court Walsrode: HRB 206819.
The presentation of the products in brochures, flyers, on www.1st-commodity.com and in other media does not constitute a legally binding offer, but an invitation to order the products described in the catalogue. A purchase offer by the Customer may be placed in person, by telephone, in writing, by fax or by e-mail. By submitting an order, the Customer places a legally binding order. The Customer shall be bound by the order for a period of two weeks after placing the order, with the date of receipt by the Seller being decisive. A Purchase Contract shall be formed only upon receipt of the order confirmation by the Customer.
If the Customer requests an offer, receives it and subsequently transmits an order, the Purchase Contract shall also be concluded only upon receipt of the order confirmation by the Customer. A confirmation of receipt of the purchase offer received by the Customer in advance, if any, shall not be deemed acceptance of the Contract. If the Customer wishes individual advice, he/she may request to be contacted in person, indicating the budget. In such case, the Seller shall present a product in line with the Customer’s specified budget to the Customer without any obligation.
III. Prices and shipping costs
The prices at the time of the Customer’s order shall apply, unless deviating agreements have been made. All prices shall include applicable statutory value-added tax, which is shown separately, where applicable. Delivery shall be made at the shipping and insurance costs stated in the respective individual case, and shall be invoiced in addition to the price stated for the purchased item. The amount of the shipping and insurance costs incurred shall be communicated to the Customer before the binding order is placed.
IV. Payment and delivery
The Customer shall receive an invoice either with the order confirmation or separately. Unless specified otherwise in the invoice, the invoice amount shall be due immediately. The Customer shall pay the invoice amount in advance by transfer to the Seller’s account stated in the invoice (prepayment) without deduction. The goods shall be shipped or delivered exclusively by the Seller. The insured shipment of the goods or the delivery of the goods by the Seller shall take place only after complete receipt of payment of the invoice amount in the specified account of the Seller. Unless a different delivery period is stated in the item description or unless the Seller has specified a different delivery period in its order confirmation, delivery shall take place within ten working days of receipt of payment.
Delivery will not be made to ‘Packstation’ parcel collection points.
V. Reservation of the right to withdraw
The Seller shall be entitled to withdraw from the Contract if, at the time of the intended covering purchase, the purchase price changes after conclusion of the Contract due to currency fluctuations and price changes on the spot markets to the Seller’s detriment to such an extent that it is no longer reasonable to adhere to the contractually agreed price. This is the case if the Euro has lost against the US Dollar more than three percentage points to the Seller’s detriment (unless the goods are purchased in Euro) or the LBMA fixing or the Rapaport diamond index has increased by more than three percentage points compared to the time of the conclusion of the Contract. The Seller shall declare the withdrawal from the Contract vis-à-vis the Customer within one week of becoming aware of the reason for the withdrawal.
VI. Set-off, right of retention, default
Any set-off against claims that are disputed or have not been finalized or the assertion of a right of retention because of a disputed or not finalized claim by the Customer shall be excluded.
VII. Obligation to give notice of defects
If the Customer is a consumer, the following shall apply: If the Customer detects damage to the packaging upon receipt of the delivery, he/she must have the damage confirmed in writing by the carrier upon acceptance of the goods and notify the Seller. In addition, the goods shall be inspected immediately upon receipt for completeness and obvious defects. Complaints shall to be communicated to the Seller as soon as possible. If the Customer is not a consumer, Section 377 HGB [Commercial Code] shall apply.
For consumers, the warranty period shall be governed by the statutory provisions; for companies, the warranty period shall be 1 year from the passing of risk.
IX. Confidentiality/non-disclosure obligation
Offers, illustrations, drawings, calculations and other documents of the Seller may not be made accessible to third parties without the written consent of the Seller. This shall not apply to publicly accessible information or in the case of official or court orders or to compliance with statutory regulations.
X. Place of performance, jurisdiction, and applicable law
German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG); however, in the case of consumers only if this does not undermine the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence. Language of the Contract shall be German. Place of performance for all services arising from the existing business relationships with the Seller as well as place of jurisdiction shall be the Seller’s registered seat if the Buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or in the EU or if the place of residence or usual abode is not known at the time the action is filed. The right to also file action with a court at a different statutory jurisdiction shall not be affected.
Status: 25 February 2019