General Terms and Conditions (GTC)
Status: 7/2021
The following conditions serve to clearly regulate the mutual relations between customers and BB Wertmetall AG.
1. power of disposition
The signature rule notified to BB Wertmetall AG in writing shall apply to it exclusively and until revoked in writing addressed to it, notwithstanding any entries in the Commercial Register and publications to the contrary.
2. complaints from the customers
Complaints by the customer regarding the execution or non-execution of orders of any kind or objections to statements of account or securities account statements as well as other notifications must be made immediately upon receipt of the relevant notification, but within 10 days at the latest, otherwise the execution or non-execution as well as the corresponding statements, statements of account, statements of account, notifications, notifications, etc. shall be deemed approved without further ado. The customer shall bear any damage resulting from the non-recognition of legitimation defects and forgeries, unless BB Wertmetall AG is grossly at fault. If an expected notification is omitted, the complaint must be made as soon as the notification should have been received by the customer in the normal course of business and ordinary mail. In the event of a delayed complaint, the customer shall bear the resulting damage.
3. notifications of BB Wertmetall AG
Communications from BB Wertmetall AG shall be deemed to have been made if they have been sent to the postal or email address provided by the customer. The customer hereby agrees to the transmission of information to his e-mail address instead of his postal address. The date of dispatch is presumably the date of the copies/shipping lists in the possession of BB Wertmetall AG as well as the announcement on the website.
4. signature or legitimation verification
The customer shall bear any damage resulting from the non-recognition of legitimation defects and forgeries, unless BB Wertmetall AG is grossly at fault.
5. lack of capacity to act
The customer shall bear any damage resulting from a lack of capacity to act on his part or on the part of third parties, unless it has been published in the Official Gazette of the Canton of Aargau with regard to his person and has been communicated in writing to BB Wertmetall AG with regard to third parties.
6. transmission error
Any damage resulting from the use of mail, telephone, internet, e-mail, namely from loss, delay, misunderstandings, mutilations or duplicates shall be borne by the customer, unless Wertmetall AG is guilty of gross negligence.
7. defective execution of orders
If damage occurs as a result of non-execution or defective execution of orders, BB Wertmetall AG shall only be liable for the loss of interest, unless it has been advised in the individual case of the imminent risk of damage exceeding this amount.
8. collective custody
BB Wertmetall AG accepts precious metal goods traded by it for collective safekeeping. Further provisions in this regard are governed by the contractual terms and conditions for collective safe custody. If the securities account holder receives goods back from collective safekeeping, he must report any complaints immediately. The confirmation of receipt releases BB Wertmetall AG from any liability.
9. data protection
With regard to data protection, reference is made to the separate data protection declaration of BB Wertmetall AG. The customer confirms that he has been handed the privacy policy, that he has read it and that he agrees with the terms of the privacy policy.
10. outsourcing of business areas
BB Wertmetall AG reserves the right to outsource services, in particular in the area of IT, logistics and safekeeping of assets, to third parties.
11. termination of business relations
BB Wertmetall AG may terminate existing business relations with immediate effect, in which case any claims shall become due for repayment immediately. Any written agreements to the contrary remain reserved.
12. equalization of Saturdays with public holidays
In all business transactions with BB Wertmetall AG, Saturdays are treated as equivalent to a state-recognized holiday.
13. reservation of special provisions
For special types of business, special agreements between BB Wertmetall AG and the customer may apply in addition to these General Terms and Conditions of BB Wertmetall AG.
14. changes basic documents
BB Wertmetall AG reserves the right to make changes to the basic documents at any time. The customer will be notified of these by circular or by other suitable means, e.g. by publication on the website, and they will be deemed approved without objection within one month.
15. final provisions
Should individual provisions of these General Terms and Conditions or the Special Terms and Conditions be or become invalid, the remaining content or its validity shall remain unaffected. The contracting parties shall then replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any regulatory gaps. In case of discrepancies in other languages, the original text of all provisions in German shall prevail.
16 Applicable law
All legal relations of the customer with BB Wertmetall AG shall be governed by Swiss law to the exclusion of the conflict of laws rules and the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods), to the extent applicable.
17 Place of performance and jurisdiction
The place of jurisdiction shall be governed by the mandatory statutory provisions. Insofar as such do not apply, the exclusive place of jurisdiction for all types of proceedings shall be Lenzburg, Switzerland, as well as the place of performance and place of debt collection for customers not resident or domiciled in Switzerland. BB Wertmetall AG shall, however, also have the right to take legal action against the customer before the competent court or the competent authority of the customer’s domicile/registered office or before any other competent court.
