GTC

As of: 10. Juli 2019

Here you will find our general terms and conditions. Please note that we have our own terms and conditions for consumers and entrepreneurs.

Here you will find our terms and conditions for consumers

Definition of consumers:
A consumer is a person who enters into a legal transaction that is not part of the operation of their business.

If you are a consumer, you will find here the terms and conditions valid for you:

Terms and Conditions for Consumers

Here you will find our terms and conditions for entrepreneurs

Definition entrepreneur:
An entrepreneur is a person for whom the business belongs to the operation of their business.

An enterprise is any long-term organization of self-contained economic activity, even if it is not for profit, which enters into business relations with us in the course of its commercial or self-employed activity.

If you are an entrepreneur, you will find here the terms and conditions valid for you:

General business connections for entrepreneurs

General Terms and Conditions for Consumers

1. General Provisions

1.1 Scope of application

These General Terms and Conditions (GTCs) of philoro EDELMETALLE GmbH apply if you are a consumer and conclude a contract with us through our online shop or in some other way through distance selling.

A consumer is a person who enters into a legal transaction, i.e. provides a declaration of intent about the relevant facts, and this transaction is not part of their business operations.

1.2 Prices

All prices are total prices and are inclusive of all taxes including VAT and levies, but not shipping costs. Details on shipping costs are available at: https://philoro.com/help/shipping-costs

1.3 Information on price development of precious metals

It is explicitly pointed out that precious metal prices are subject to market fluctuations, over which we have no influence, meaning that we cannot make any predictions about future price trends.

1.4 Online shop

If you want to place an order through our online shop, you can only do so if you have filled out all mandatory fields marked with *. You will receive an automated error message if entries are missing or if the order cannot be fulfilled for some other reason. You can make changes to your order before finally submitting it. You will receive supportive information directly during the order process.

Once the order process is complete, we will send you an order confirmation. However, this does not represent an acceptance of your order by us.

1.5 Information on storing order data

Your order will be stored by us and visible to registered users in the user portal of our online shop under the respective order number.

If you place an order as a guest in our online shop, the order will not be visible to you subsequently. If, once the order process is complete, you wish to access the order details again, you can do so by contacting us by phone or by email.

Other documents relating to the order process (order acknowledgement, invoice, delivery note) are stored by us and cannot be accessed through our online shop. These are provided to you by email or when the goods are shipped. If, once the order process is complete, you wish to access the documents again, you can do so by contacting us by phone or by email, specifying your name and the order number.

1.6 Information on the existence or non-existence of a right of withdrawal

1.6.1 Exclusion of the right of withdrawal

For the conclusion of distance contracts or those concluded away from business premises, Section 3 (3) (4) of the Consumer Protection Act (KSchG) in connection with Section 18 (1) (2) of the Austrian Distance Selling Act (FAGG) is referred to, where it is stipulated that consumers shall not have a right of withdrawal from contracts concerning goods or services whose prices are subject to fluctuations in the financial markets, over which the entrepreneur has no influence, and such fluctuations may occur during the withdrawal period.

Precious metal bars and precious metal coins in particular are excluded from the right of withdrawal, irrespective of size and denomination, as are products manufactured according to customer specification. The exclusion of the right of withdrawal for these goods affects both their sale and also their purchase by us.

1.6.2 Right of withdrawal for other goods

You may withdraw from the purchase of goods other than those specified in Section 1.7.1, e.g. accessories or gift items purchased through our online shop, within 14 days without specifying a reason. In such contracts, the withdrawal period begins:

- on the day you or a third party other than the carrier and indicated by you acquires the material possession of the goods,

- if you have ordered several items as part of one purchase order, which are delivered separately, on the day you or a third party other than the carrier and indicated by you acquires the material possession of the goods delivered last,

- if goods are delivered in several partial deliveries, on the day you or a third party other than the carrier and indicated by you acquires the material possession of the last partial delivery,

- in the case of contracts pertaining to the regular delivery of goods over a specified period, on the day you or a third party other than the carrier and indicated by you acquires the material possession of the goods delivered first.

The declaration of withdrawal is not restricted to a specific form. Your declaration must clearly indicate your intention to withdraw. The template withdrawal form found in Annex I Part B of FAGG can also be used for the withdrawal. This is available online at https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_33/COO_2026_100_2_997974.pdf (“B. Muster-Widerrufsformular”) and has the following structure:

B. Muster-Widerrufsformular

(If you wish to withdraw from the contract, please complete this form and return it)

— To: philoro EDELMETALLE GmbH. Währingerstraße26, 1090 Wien, Telefon: +43 1 997 14 72, Fax: +43 1 997 14 72 100, E-Mail: [email protected]

— I/we (*) hereby give notice that I/we (*) wish to cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)

— Ordered on (*)/received on (*)

— Name of the consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only if this form is submitted on paper)

— Date

(*) Delete as appropriate.

The following also applies to the exercise of withdrawal:

You must return the goods received to us immediately, at the latest within 14 days of submitting your declaration of withdrawal. The relevant deadline shall be met where the goods are sent within this period.

You shall bear the direct costs of returning the goods. The costs of returning the goods varies depending on the items and their value (please use the delivery costs originally paid as a guide).

1.7 Data protection notice

You provide personal data required to fulfil the contract on a voluntary basis. However, the purchase agreement cannot be concluded if you fail to provide your personal data. The necessity to collect and process personal data is based on the fulfilment of the respective purchase contract. Our data privacy statement is available here: https://philoro.com/data-privacy

2. Conditions of Sale

2.1 Conclusion of the contract

Offers provided by us online or through other media constitute a non-binding invitation to submit a corresponding purchase or sales offer to us.

By clicking on “Place Your Order” following completion of the order process in our online shop, you commit to fixing the price and submitting a binding offer to conclude a purchase agreement through your order. You shall be bound to your offer by us for two working days from receipt (Saturdays, Sundays, and public holidays in Austria are not regarded as working days). The statutory right of revocation (right of withdrawal) shall not be affected by this.

You will receive an automated order confirmation from us after you send us the offer. This confirmation contains the contents of your offer relevant to the respective purchase or sale. The order confirmation does not represent an acceptance of your offer by us.

The contract shall then become legally binding and effective if we accept your offer verbally, by telephone, or in writing (also includes email or transmission of an order acknowledgement or invoice) within a period of two working days.

2.2 Terms of payment

2.3 Default and withdrawal from contract

If you do not pay the invoice amount within the period specified under Section 2.2 (“Terms of payment”), you will be in default without further notice.

In the event of default, statutory default interest of 4% per year shall apply.

If you are in default of payment, we shall be entitled to withdraw from the contract even without prior setting of a grace period. If we decide to withdraw from the contract and you are deemed to be at fault, we shall be entitled to assert claims for compensation. Such claims shall be based on losses suffered by us, from the time the purchase agreement was concluded, due to a change in prices having kept available the goods ordered by you.

If the shipment is delayed at your request, the risk shall be transferred to you from the point in time that we were ready to ship. The risk shall also be transferred to you if you are in default of payment.

2.4 Dispatch

Unless agreed otherwise, we shall dispatch the goods ordered by you at the latest within five working days following receipt of the purchase amount in our bank account.

We shall indicate any differences in delivery terms on the respective product page in our online shop.

You shall bear the costs for dispatching the goods. Shipping costs are available on our website https://philoro.com/help/shipping-costs. Details on shipping costs are also shown to you before your offer is sent.

If we send the goods, the risk for the loss of or damage to the goods shall only be transferred to you once the goods are delivered to you or to a third party other than the carrier and indicated by you. If you conclude the contract of carriage yourself without utilizing a selection option proposed by us, the risk shall then be transferred to the carrier upon handover of the goods.

2.5 Partial deliveries

For insurance reasons, we may make partial deliveries if you purchase several goods and the total price exceeds €10,000. Under no circumstances may we deliver to you different sizes, specifications, or weight compositions.

2.6 Retention of title

The goods shall remain our property until payment has been made in full.

2.7 Warranty and contact details for complaints

Statutory warranty provisions shall apply. In the case of moveable goods, the warranty period shall be two years from delivery or handover.

Complaints based on statutory warranty claims or other complaints can be made using the contact details contained in the “Imprint” section of our site (https://philoro.at/impressum).

2.8 Money laundering and counterterrorism

For cash transactions from an equivalent of €10,000, we are obliged to identify our contracting partners as well as any economic beneficiaries. If you fail to meet this obligation, we shall be compelled to reject the transaction.

If, over the course of the business relationship, changes are made to the data you communicated to us in relation to the exercise of anti-money laundering duties of care, you shall be obliged to inform us of such changes without delay (for example, a change of beneficial owner).

3. PURCHASE CONDITIONS

3.1 General, scope of application

If you want to sell goods to us, the following provisions shall apply.

3.2 Conclusion of the contract

You can submit an offer to us to purchase goods from you through our online shop. For this purpose, you select one or more products that you want to sell to us and complete the purchase process in our online shop. By clicking on “Buy Now”, you commit to fixing the price at which you want to sell us the goods and send your offer to us.

You shall be bound to your offer by us for two working days from receipt (Saturdays, Sundays and public holidays in Austria are not regarded as working days).

You assure us that the item you want to sell us matches the product selected by you in our online shop and does not have any defects (minor signs of usage do not count as defects).

By submitting the sales order, you declare that you have full and unencumbered title to the goods being offered for sale, have the right to sell said goods, and can provide evidence of this with supporting documents, if needed.

You will receive an automated order confirmation from us after you send us the sales offer. This confirmation contains the relevant contents of your offer. The confirmation does not represent an acceptance of your offer by us.

The contract shall then become legally binding and effective if we accept your offer verbally, by telephone, or in writing (also includes email or transmission of an order acknowledgement or invoice) within the period of two working days specified above).

3.3 Delivery or forwarding of goods to us

Depending on the option selected by you in our online shop during the purchase process, you shall either hand over the goods that you want to sell at one of our branches or send them to us by post. The goods must be delivered or shipped to us within five working days. In terms of dispatch, handing over the goods to the carrier on the last day of the deadline shall suffice. You shall bear the costs and risk for dispatch or delivery.

3.4 Terms of payment

If the goods provided to us match your offer and do not have any defects, we shall transfer the purchase price to your account within one week or pay this amount in cash at the branch specified by you based on a separate agreement.

If the goods provided to us do not match your offer and contain defects, we shall contact you immediately to discuss the next course of action.

4. FINAL PROVISIONS

4.1 Choice of law

Austrian substantive law, with the exception of its conflict-of-law rules, shall apply to contracts concluded on the basis of these GTCs, including all aspects of their conclusion, validity, and assertion. Moreover, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Complaints can be sent directly to [email protected]. You may also make use of the EU’s online dispute resolution platform: http://ec.europa.eu/odr.

4.2 Place of jurisdiction

The general place of jurisdiction in Austria provided for by law in case of legal actions of a consumer or against a consumer regarding agreements with us shall remain the same even if the consumer, after conclusion of the agreement, transfers their domicile abroad and Austrian court decisions are enforceable in that country.

Download Terms and Conditions for Consumers (PDF)

General Terms and Conditions for Entrepreneurs

1. General Provisions

1.1 Scope of application

These General Terms and Conditions (GTCs) of philoro EDELMETALLE GmbH (philoro) apply exclusively to persons for whom legal transactions are part of their business operations (entrepreneurs). A business is described as any organisation established on a continuing basis of independent economic activity, even if this organisation does not intend to make a profit, which enters into a business relationship with philoro in the exercise of its commercial or independent professional activity. Legal persons under public law are always regarded as entrepreneurs. The entrepreneur shall be referred to as the “business partner” hereinafter.

These GTCs do not apply to you if you are a consumer.

1.2 GTCs of the customer

philoro refutes the GTCs of the business partner. Any GTCs of the business partner are therefore – even with knowledge of their existence – not part of the contract unless otherwise agreed to in writing in individual cases.

If these GTCs are also available in English, the German version shall take precedence in the event of contradictions.

1.3 Right of withdrawal from the contract

The business partner may not withdraw from the contract.

2. Conditions of Sale

2.1 Contract

Offers provided by philoro online or through other media represent an unbinding invitation to the business partner to submit a corresponding purchase offer (purchase order) to philoro.

The business partner can submit their purchase offer by phone, fax, or by completing the order form in the online shop. In the latter case, before submitting the purchase offer, the business partner is again presented with all of their details, which they can then adjust if necessary.

By sending the order form, the business partner officially submits an offer to philoro to conclude a purchase agreement. The business partner is bound to their offer for five working days from receipt of their order at philoro (Saturdays, Sundays, and public holidays are not regarded as working days under these GTCs). Upon submission of an order through the online shop, philoro shall send the business partner a confirmation of order receipt at philoro and also the contents of the order form relevant to the purchase (order confirmation). This order confirmation does not represent an acceptance of the offer by philoro, rather should only serve as information for the business partner that their order has been received by philoro.

A purchase agreement shall be concluded at the moment an order acknowledgement or an invoice is sent to the business partner. A purchase agreement can also be concluded in other ways, e.g. by phone or by handing over or delivering the ordered goods.

philoro shall deliver as long as supplies are available and reserves the right to deliver a product of equivalent value to the item purchased, depending on availability. In the event that philoro has not received items from its suppliers and for this reason or due to force majeure the goods are not available at philoro within a reasonable period of time, philoro reserves the right to withdraw from the contract.

2.2 Information on market fluctuations

The offers of philoro shall not constitute a purchase recommendation in terms of investment advice. It is explicitly pointed out that precious metal prices are subject to market fluctuations and that philoro cannot predict future price trends.

2.3 Prices, shipping costs, trading hours

As agreed, prices are quoted in euros for sales transactions valid at the time of receipt of the customer's offer to purchase (order) from philoro plus the statutory sales tax, unless other arrangements have been made.

In principle, the business partner shall cover the costs for shipping the goods.

There are no restrictions with regard to business hours. Therefore, purchase offers can be submitted at any time at the prices valid at that time.

2.4 Terms of payment, maturity, default, withdrawal, counterclaims

Goods shall be paid for in advance. The invoice amount shall be due immediately upon conclusion of the sales contract and without deduction. If the business partner fails to pay for the entire invoice amount within five days of the due date, they will be in default without further notice. In the case of bank transfers, payment must be made through final and unconditional credit on the account of philoro.

If payment is not made before the due date, philoro shall be entitled to withdraw from the contract even without prior setting of a grace period. philoro expressly reserves the right to assert default interest and compensation claims.

The invoice amount shall be subject to interest during the period of delay. The interest rate is 8 percentage points above the base rate per annum. philoro explicitly reserves the right to enforce further claims.

If the shipment is delayed at the request of the business partner, the risk shall be transferred to them from the point in time that philoro was ready to ship. In any case, the risk shall also be transferred to the business partner if they are in default of acceptance.

philoro can coordinate the date of delivery of the product with the business partner. The delivery by philoro shall take place via a shipping or forwarding agent.

2.5 Delivery and transfer of risk

philoro is entitled to make partial deliveries and provide partial services, unless the partial delivery or partial performance of services has been contractually excluded.

Even in the case of freight-free delivery, the risk shall be transferred to the business partner once the shipment has been handed over to the carrier or has left the business premises of philoro. If dispatch is delayed at the request of the business partner, the risk shall be transferred to them once the goods have been declared ready for dispatch. This shall also apply if the customer is in default of acceptance.

Completing the transport has no effect on the place of performance.

2.6 Retention of title

The goods delivered or handed over to the business partner shall remain the property of philoro until full payment has been received.

2.7 Warranty

It is up to the business partner to prove defectiveness at the time of the handover.

The business partner must notify philoro in writing of any defects within three working days (Saturday is regarded as a working day) from receipt of the delivery item. If the business partner fails to provide proper notification, they can no longer make warranty claims, raise claims for damages due to the defect itself, or claim an error regarding the flawlessness of the goods. The deadline shall be deemed to be observed provided notification is sent in good time. The business partner shall bear the full burden of proof for all claims, in particular for the defect itself, the time the defect was discovered, and the timeliness of the complaint.

philoro must be given the opportunity to rectify the situation within a reasonable period of time. If the subsequent performance fails twice, the business partner may cancel the contract or reduce the payment, unless a merely minor defect is present. If the business partner chooses to withdraw from the contract after a failed rectification, they shall not be entitled to claim damages for the defect, intentional acts excepted.

The provision of property descriptions – in the context of preliminary discussions and information provided, as well as in brochures or advertising literature – is no guarantee or assurance of a feature by philoro.

2.8 Liability

philoro is liable in accordance with the applicable mandatory statutory provisions relevant to liability law. Any further liability of philoro shall be excluded.

2.9 Limitation of liability, compensation claims

Compensation and reimbursement claims of the customer, for whatever legal reason, but especially for breach of obligations under the contract or unlawful acts shall be excluded, insofar as legal rules do not conflict with this.

2.10 Money laundering

For cash transactions (over-the-counter business) from an equivalent of €10,000 or when establishing a business relationship, philoro is obliged to identify the customer in accordance with money laundering regulations (KYC process).

3. PURCHASE CONDITIONS

3.1 General, scope of application

The following purchasing conditions apply to all purchasing transactions, legal transactions, and services in connection with the purchase of goods by philoro with the business partner. The business partner is the seller in this case.

3.2 Conclusion of the contract

Offers or purchase prices provided by philoro online or through other media constitute a non-binding invitation to the business partner to submit a sales offer to philoro.

When submitting an offer to sell any item in the online shop by fax, letter, or email, the business partner submits 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 have full title to the goods being offered for sale or have the right to sell said goods, and can provide evidence of this with supporting documents, if needed. At this point, the business partner shall dispatch the goods to the respective philoro branch. It should be noted that the business partner shall bear the costs and the risks of shipment to philoro.

After examining the received goods, philoro is entitled to accept the sales offer within five business days at the latest. The purchase confirmation can be sent by fax, letter, or email. If a purchase confirmation from philoro is not received by the business partner within the aforementioned period, the sales offer is deemed to have been rejected by philoro.

If goods are sent without a prior written offer to sell, the submission shall be considered as an offer for sale unless other circumstances are apparent. Billing and payment of the total billing amount shall be deemed as an acceptance of the offer.

The business partner guarantees that all information provided when submitting the order or registering in the online shop or when submitting the order by post, email, or fax (e.g. name, postal address, email address, bank details, etc.) is true and correct. Changes must be communicated to philoro immediately.

In the event that philoro accepts the sales offer without the goods having already been sent by the business partner to the respective philoro branch, the business partner must send the goods to philoro within five business days at their own cost and risk. If the business partner fails to meet this obligation within the specified deadline, they shall be regarded as in default.

3.3 Prices, logistics costs, trading hours

As agreed, the prices that are in effect at the time of the sales offer for purchase transactions at philoro are stated in euros, unless other arrangements have been made.

The pick-up costs of goods delivered by the business partner are generally to be borne by the business partner. Logistical expenses and their associated costs are published on the home page of philoro. The business partner also has the right to arrange for the return of the goods themselves. In this case, the business partner shall bear the shipping risks and the shipping costs.

The normal business hours that are applicable can be found on the home page of philoro. For offers that are submitted during these business hours, the relevant price lists of philoro are valid. If offers are made outside of the business hours, the prices valid at the beginning of the following business day shall apply.

In cases complying with the purchasing conditions (submission of goods without prior sales offer), the prices at the time of goods receipt at philoro are deemed to be a binding invoicing basis.

3.4 Terms of payment

In the event of acceptance of the sales offer after receipt and inspection of the goods, philoro shall wire the purchase price within one week after completion of the verification process to the account specified by the business partner, provided that the goods correspond with the offer and do not show any defects.

Should the sales offer be accepted without the goods having been received by philoro, philoro shall wire the purchase price to the account specified by the customer within one week after receipt and inspection of the goods, provided that the goods correspond with the offer and do not show any defects.

4. FINAL PROVISIONS

4.1 Online provisions

The business partner guarantees that, after registering on the website of philoro, they will keep their account and password information confidential and will do their utmost to prevent unauthorised use of their account on their computer. In case of misuse of their account (even if only suspected), the business partner must immediately notify philoro thereof.

philoro shall make every possible effort to ensure that their website can be used without disruption or faults. However, philoro cannot guarantee this.

philoro grants the business partner the limited right to use their account on the website of philoro for their own purposes. This does not include any commercial use. Downloading, copying, and reproducing of any kind, or other uses of the website and the products depicted on it, is only permitted with the approval of philoro and with a reference to the source.

4.2 Right of retention and satisfaction; offset

If administrative or legal investigations are initiated against the business partner, philoro shall be entitled to a right of retention and satisfaction vis-à-vis said partner, commensurate with the costs borne or potentially borne by philoro due to these investigations and potential proceedings (e.g. storage costs and legal correspondence).

In addition to and deviating from the statutory retention and satisfaction provisions, philoro shall be entitled to direct and extrajudicial satisfaction in any case. In particular, this comprises the right to extrajudicial recovery, private sale at the market price, and satisfaction from the proceeds derived therefrom.

Philoro shall be entitled to offset counterclaims in all cases.

4.3 Choice of law and agreement on jurisdiction

Austrian substantive law, with the exception of its conflict-of-law rules, shall apply to contracts concluded on the basis of these GTCs, including all aspects of their conclusion, validity, and assertion. Moreover, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For all disputes arising from legal transactions, including pre-contractual obligations or other legal relations between philoro and the business partner, especially for disputes relating to the conclusion, termination, dissolution, invalidity, and rescission of the contract, the Commercial Court in Vienna, Innere Stadt shall be the exclusive place of jurisdiction, unless otherwise agreed to in writing.

4.4 Severability clause

In the event that individual provisions of these Terms and Conditions are or become invalid in whole or in part, the validity of the remaining provisions of this agreement shall not be affected by this circumstance. In the case of inapplicability or invalidity of individual provisions, the invalid provision shall be replaced by a new valid provision which comes closest to the invalid provision economically and legally considering the objectives of these Terms and Conditions.

Download Terms and Conditions for Entrepreneurs (PDF)