Terms & Conditions

General terms and conditions, terms of delivery and payment

I. Scope

All deliveries, services and offers are based exclusively on the present Terms & Conditions.
Any exceptions from these Terms & Conditions shall only be valid if confirmed by the buyer in writing.

II. Offer, contract conclusion, prices

Our offers are subject to prior sale and non-binding. Contracts become effective upon sending our written declaration of acceptance (order acknowledgment) to the party to the contract.
When ordering from our Internet shop, receipt of the order will be confirmed immediately by e-mail. This order receipt confirmation does not represent a binding acceptance of the order.
Applicable are the prices in Euro plus statutory value-added tax valid on the day of contract conclusion.
Shipping and packaging costs are charged separately.

III. Cancellation, return privilege

(1) For the delivery of precious metals, a right to cancel is excluded pursuant to § 312d paragraph 4 No.6 BGB (German Civil Code), because the price of these goods on the financial market is subject to fluctuations which cannot be influenced by the entrepreneur and which may occur within the cancellation period.

(2) For all other goods, except those covered by § 312d paragraph 4 No.6 BGB (German Civil Code), there is a right to cancel provided the buyer acts as a consumer. The contract declaration may be cancelled within one month in writing (e.g. letter, e-mail) without stating reasons or by returning the goods. The cancellation period starts on the day of receipt of the order acknowledgment. The cancellation should be addressed to: Geiger Edelmetalle GmbH, Stromstr. 6, D-04579 Espenhain, Germany.
IV. Delivery, passage of risk

(1) The delivery times stated on the website and in the automatic order receipt confirmation are non-binding guide values. Binding delivery dates must be agreed separately in writing.

(2) The risk of accidental loss and accidental deterioration shall pass to the buyer when the delivery item is handed over. If the purchaser defaults in taking delivery this shall be deemed equivalent to the handover.

V. Terms of payment, delay in payment, counterclaims

(1) Payment of the invoice amount is due immediately without deduction after receipt of the written declaration of acceptance (order acknowledgment). In the event that the purchaser does not pay within three value days, the purchaser shall be deemed to be in delay without a letter of reminder. The interest rate on arrears shall be 5 % above the applicable base rate.

(2) Payment is made in cash, by bank transfer or by direct debit. Payment by credit card or cheque is not accepted. Payment shall only be regarded as made when the amount is accessible to us on our bank account without deduction; in the case of direct debit this shall be when the amount has been fully transferred to our account and no retransfer note has been received by us.

(3) The purchaser shall not be able to exercise a right of retention with respect to the payment, if the right of retention is not based on the same contractual relationship. The purchaser shall only be entitled to set off an amount in his favour when a counterclaim has been decided finally and unappealably, and when this is recognized by us and not contested.

(4) If the purchaser acts in violation of contract, particularly in the case of delay in payment, we shall be entitled to withdraw from the contract and invoice the purchaser for the corresponding dunning and cancellation charges.

VI. Reservation of ownership

(1) The goods supplied shall remain our property until they are paid in full together with all the existing accounts receivable as a result of the business relations with the purchaser. If the goods are resold, then the claims against the recipient shall be transferred to us.

(2) If the purchaser acts in violation of contract, particularly in the case of delay in payment or violation of any of the above obligations, we shall be entitled to withdraw from the contract and demand return of the item delivered.

VII. Warranty

(1) The purchaser may choose whether the supplementary performance shall be by substitute delivery or remedy of the defect. The type of supplementary performance chosen by the purchaser may be refused by us if it is impossible or only possible at disproportionately high costs.

(2) If a supplementary performance is unsuccessful, the purchaser may withdraw from the contract – without prejudice to further claims for damages – or reduce the payment owing. However, in the case of minor defects the purchaser shall not have the right to claim rescission of contract.

(3) The purchaser must inform us in writing about obvious defects within a period of three days as from the time when the defect of the delivered item is first noticed. If the purchaser fails to pass on this information, the rights under the warranty expire two months after noticing the defect.

VIII. Limitation of liability

Claims for damages and repayment of expenses, regardless on which legal basis (in particular with respect to breach of duty arising from the relationship under the law of obligations or in the case of tort), are excluded unless the liability is obligatory, e.g. in the case of intent; gross negligence; damage to life, body or health; violation of essential contractual obligations; or in the case of liability in accordance with the Product Liability Act.

IX. Disturbances of delivery owing to an act of God or similar incidents

(1) If Geiger-Edelmetalle fails to comply a binding date of delivery demonstrably because an act of God or similar incidents (for example trade blockades, lack of raw materials, form of industrial action, etc.), the obligation of delivery will be suspended as long as the disturbance persists.

(2) The seller and the purchaser equally may withdraw from the contract partly or completely if its implementation is obviously impossible or unduly hindered due to the before mentioned reasons for at least 10 weeks.
The seller will be informed as soon as possible if the act of God or similar incidents are occurring and as far as the implementation of the contract is affected.

(3) Advance concessions by the costumer will be reimbursed immediately in case of withdrawal from the contract.
Claims for compensation are excluded if the non-fulfilment or delay is owed to an act of God or similar incidents.

X. Concluding provisions

(1) Applicable is the law of the Federal Republic of Germany.

(2) Should any of these provisions be wholly or partially invalid, the validity of the other provisions shall not be affected thereby.