GTC
General Terms and Conditions
General Terms and Conditions for Businesses
Status: October 2025
1. General Provisions
1.1 Scope of Application
These General Terms and Conditions (GTC) of philoro EDELMETALLE GmbH (philoro) apply exclusively to persons for whom legal transactions are part of their business operations (Businesses). A business is any permanent organization of independent economic activity, even if it is not profit-oriented, that enters into a business relationship with philoro in the course of its commercial or independent professional activity. Legal entities under public law are always considered businesses. In the following, the business is referred to as the ‘Business Partner.’
If you are a consumer, these GTC do not apply to you.
1.2 Customer’s Terms and Conditions
philoro expressly rejects the Business Partner’s terms and conditions. No such terms and conditions shall become part of the contract, even if philoro is aware of their existence, unless explicitly agreed otherwise in writing in a specific case.
If these GTC are also available in English, the German version shall prevail in the event of discrepancies.
1.3 Right to Withdraw from the Contract
The Business Partner has no right to withdraw from the contract.
2. Terms of Sale
2.1 Contract
Offers made by philoro on the internet or in any other medium constitute a non-binding invitation to the Business Partner to submit a corresponding purchase offer (order) to philoro.
The Business Partner may submit the purchase offer by telephone, fax, or by completing an order form in the online store. In the latter case, all order details will be displayed to the Business Partner before submission, allowing for any necessary corrections.
Submitting the order form constitutes an offer by the Business Partner to conclude a purchase contract with philoro. The Business Partner is bound by this offer for five business days from the time philoro receives the order (Saturdays, Sundays, and public holidays are not considered business days under these GTC). When placing an order via the online store, philoro will send the Business Partner confirmation of receipt of the order, including the relevant details of the order form (order confirmation). This order confirmation does not constitute acceptance of the offer by philoro but serves to inform the Business Partner that the order has been received.
A purchase contract is concluded at the time philoro sends an order confirmation or an invoice to the Business Partner. A purchase contract can also be concluded in another form, e.g., by telephone or by handing over or delivering the ordered goods.
philoro will deliver as long as stock is available and reserves the right to deliver an equivalent product depending on availability. If philoro does not receive the goods from its supplier and the goods are therefore unavailable within a reasonable period due to this or force majeure, philoro may withdraw from the contract.
2.2 Notice of Market Fluctuations
philoro’s offers do not constitute investment advice or a purchase recommendation. It is expressly noted that precious metal prices are subject to market fluctuations, and philoro cannot predict future price developments.
2.3 Prices, Shipping Costs, Trading Hours
Unless otherwise agreed, the prices applicable at the time philoro receives the Customer’s order shall be deemed binding for sales transactions in euros, plus the applicable statutory value-added tax.
Shipping costs are generally borne by the business partner.
There are no restrictions on trading hours. Therefore, purchase offers may be submitted at the prevailing prices at any time.
2.4 Payment Terms, Due Date, Default, Withdrawal, Counterclaims
Payment for goods is made in advance. The invoice amount is due immediately upon conclusion of the purchase contract and must be paid in full without deduction. If the business partner fails to pay the full invoice amount within five days of the due date, they will be in default without the need for a separate reminder. For bank transfers, payment must be made by final and unconditional credit to the account of philoro.
If payment is not received within the due period, philoro is entitled to withdraw from the contract without granting an additional grace period. philoro expressly reserves the right to claim default interest and damages.
The invoice amount shall accrue interest during the default period. The default interest rate is 8 percentage points per year above the base interest rate. philoro expressly reserves the right to claim further damages.
If shipping is delayed at the request of the Business Partner, the risk transfers to them from the moment philoro declares the goods ready for shipment. In any case, the risk also transfers to the Business partner if they are in default of acceptance.
philoro may coordinate the delivery date of the goods with the Business Partner. Delivery by philoro is carried out through a shipping company.
2.5 Delivery and Transfer of Risk
philoro is entitled to make partial deliveries and provide partial services at any time unless partial delivery or performance has been contractually excluded.
Even in the case of freight-free delivery by philoro, the risk transfers to the Business Partner as soon as the shipment is handed over to the shipping company or has left philoro’s premises for the purpose of dispatch. If shipping is delayed at the request of the Business Partner, the risk transfers to them upon notification of shipping readiness. Risk is also transferred if the Business Partner is in default of acceptance.
The execution of the transport does not affect the place of performance.
2.6 Retention of Title
The goods delivered or handed over to the Business Partner remain the property of philoro until full payment has been received.
2.7 Warranty
The Business Partner bears the burden of proof for the defectiveness of the goods at the delivery time.
The Business Partner must notify philoro in writing of any material defects within three business days (Saturday counts as a business day) from receipt of the goods. If the Business Partner fails to provide such notice, they forfeit any claims for warranty, damages due to the defect itself, and claims based on an error regarding the defect-free condition of the goods. Timely dispatch of the notice is sufficient to meet the deadline. The Business Partner bears the full burden of proof for all claim requirements, including the defect itself, the time the defect was discovered, and the timely submission of the defect notification.
philoro must be given the opportunity to remedy the defect within a reasonable period. If the remedy fails twice, the Business Partner may withdraw from the contract or request a price reduction, provided the defect is not merely minor. If the Business Partner chooses to withdraw from the contract after failed remedies, they are not entitled to damages for the defect, except in cases of intentional misconduct.
Descriptions of product characteristics – such as those provided in preliminary discussions, consultations, brochures, or advertisements – do not constitute a guarantee or an assurance of specific qualities by philoro.
2.8 Liability
philoro is liable in accordance with the mandatory legal provisions applicable to liability. Any liability on the part of philoro beyond these statutory provisions is excluded.
2.9 Limitation of Liability, Claims for Damages
Schadens- und Aufwendungsersatzansprüche des Kunden, gleich aus welchem Rechtsgrund, insbesondere aber wegen Verletzung von Pflichten aus dem Schuldverhältnis und unerlaubter Handlung, sind – soweit gesetzliche Regelungen dem nicht entgegenstehen – ausgeschlossen.
2.10 Money Laundering
For cash transactions (over-the-counter transactions) of €10,000 or more, or when establishing a business relationship, philoro is required to verify the Customer’s identity in accordance with anti-money laundering regulations (KYC process).
3. Purchase Conditions
3.1 General Provisions, Scope of Application
The following purchase conditions apply to all purchase transactions, legal transactions, and services related to the purchase of goods by philoro from the Business Partner. In this case, the Business Partner is the Seller.
3.2 Contract Conclusion
Offers or purchase prices published by philoro on the internet or in any other medium constitute a non-binding invitation to the Business Partner to submit a sales offer to philoro.
When submitting a sales offer for any item via the online store, fax, mail, or email, the Business Partner makes a binding offer to conclude a sales contract upon receipt of the order by philoro. At the same time, the Business Partner declares that they hold full ownership of the goods offered for sale or are otherwise authorized to sell them and shall provide supporting documentation if necessary. The Business Partner then ships the goods to the respective philoro branch. It is noted that the Business Partner bears the costs and risks of shipping the goods to philoro.
philoro reserves the right to accept the sales offer after reviewing the received goods, but no later than within five trading days. Acceptance of the purchase can be confirmed via fax, mail, or email. If no purchase confirmation is received by the Business Partner within the specified period, the sales offer is deemed rejected by philoro.
If goods are sent without a prior written sales offer, the shipment is considered a sales offer unless otherwise evident. Billing and payment of the purchase amount constitute acceptance of the offer.
The Business Partner guarantees that all information provided at the time of order placement, online store registration, or submission via mail, email, or fax (e.g., name, address, email address, bank details, etc.) is truthful. Any changes must be reported to philoro immediately.
If philoro accepts the sales offer before the Business Partner has shipped the goods, the Business Partner must ship the goods to philoro at their own expense and risk within five business days after acceptance of the sales offer. If the Business Partner fails to meet this obligation within the specified period, they will be considered in default.
3.3 Prices, Logistics Costs, Trading Hours
The prices valid at the time of the sales offer submission to philoro apply to purchase transactions in euros, unless otherwise agreed.
The collection of goods sent by the Business Partner is generally at the Business Partner’s expense. Logistics options and the associated costs are published on philoro’s website. The Business Partner also has the right to arrange for the return shipment of the goods independently. In this case, the Business Partner bears both the shipping risk and shipping costs.
Standard trading hours apply, which can be viewed on philoro’s website. Offers submitted during these trading hours are subject to the respective price lists of philoro. For offers submitted outside trading hours, the price valid at the start of the next trading day applies.
In cases where goods are sent without a prior sales offer in accordance with the purchase conditions, the prices at the time of the goods’ arrival at philoro serve as the binding basis for billing
3.4 Payment Terms
In the event of acceptance of the sales offer after receipt and inspection of the goods, philoro will transfer the purchase price to the account specified by the Business Partner within one week of completing the inspection, provided the goods meet the offer’s specifications and are free of defects.
If the sales offer is accepted before the goods have been received by philoro, philoro will transfer the purchase price to the account specified by the Customer within one week of receiving and inspecting the goods, provided the goods meet the offer’s specifications and are free of defects
4. Final Provisions
4.1 Online Terms
The Business Partner agrees to treat their account and password confidentially after registering on the philoro website and to take all reasonable measures to prevent unauthorized use of their account. In the event of (even suspected) misuse of their account, the Business Partner must immediately inform philoro.
philoro will make every effort to ensure that the website is available without disturbance or error but cannot guarantee this.
philoro grants the Business Partner a limited right to use their account on the philoro website for personal purposes. This does not include any commercial use. Downloading, copying, reproducing in any form, or any other use of the website and the goods depicted thereon is only allowed with philoro’s consent and with reference to the source.
4.2 Right of Retention and Satisfaction; Offsetting
If administrative or judicial investigations are initiated against the Business Partner, philoro shall have a right of retention and satisfaction in the amount of the expenses incurred or expected to be incurred by philoro due to these investigations and any resulting procedures (e.g., storage costs and legal correspondence).
In addition to or differing from the statutory provisions on retention and satisfaction, philoro is entitled to an immediate and extrajudicial right of satisfaction in all cases. This includes the right to extrajudicial disposal and sale at market value, as well as satisfaction from the proceeds of such a sale.
philoro is entitled to offset claims in all cases.
4.3 Choice of Law and Court Agreement
Contracts concluded based on these terms and conditions, including all aspects of their formation, validity, and enforcement, shall be governed by Austrian substantive law, excluding its conflict of law rules. Moreover, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
For all disputes arising from legal transactions, including pre-contractual relationships or other legal relationships between philoro and the Business Partner, particularly those related to the formation, termination, dissolution, invalidity, and reversal of the contract, the exclusive jurisdiction of the competent court in Vienna, Innere Stadt, for commercial matters is agreed, unless otherwise agreed in writing.
4.4 Severability Clause
In the event that individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions of this agreement shall not be affected. In the case of the inapplicability or invalidity of individual provisions, the invalid provision will be replaced by a new valid provision that comes as close as possible, both economically and legally, to the invalid provision, considering the purpose of these terms and conditions.