General Terms and Conditions (GTC)
Status: 7/2021
The following conditions serve to clearly regulate the mutual relationships between customers and BB Wertmetall AG.
1. Authority to Act
The signature regulation communicated in writing to BB Wertmetall AG applies exclusively to it and until revoked in writing, regardless of conflicting commercial register entries and publications.
2. Customer Complaints
Complaints by the customer regarding the execution or non-execution of orders of any kind or objections to invoices, deposit statements, or other communications must be submitted immediately after receipt of the relevant notice, but no later than within 10 days; otherwise, the execution or non-execution as well as the corresponding statements, invoices, settlements, notices, communications, etc. are deemed approved without further action. The customer bears the loss arising from failure to recognize deficiencies of authority or forgeries, unless BB Wertmetall AG is guilty of gross negligence. If an expected notice fails to arrive, the complaint must be made as soon as the notice should have reached the customer in the normal course of business and ordinary postal delivery. In the case of a late complaint, the customer bears the resulting loss.
3. Communications from BB Wertmetall AG
Communications from BB Wertmetall AG are deemed delivered when sent to the postal or email address provided by the customer. The customer hereby agrees to receive information via their email address instead of their postal address. The date of dispatch is presumed to be the date of the copies/shipping lists held by BB Wertmetall AG as well as publication on the website.
4. Signature and Legitimacy Verification
The customer bears the loss arising from the failure to recognize deficiencies of authority or forgeries, unless BB Wertmetall AG is guilty of gross negligence.
5. Lack of Legal Capacity
The customer bears any loss resulting from their own lack of legal capacity or that of third parties, unless it has been published in the Official Gazette of the Canton of Aargau in the case of the customer, or in the case of third parties, communicated in writing to BB Wertmetall AG.
6. Transmission Errors
The customer bears the loss arising from the use of mail, telephone, internet, or email, in particular from loss, delay, misunderstandings, mutilations, or duplicates, unless BB Wertmetall AG is guilty of gross negligence.
7. Deficient Execution of Orders
If damage arises from non-execution or deficient execution of orders, BB Wertmetall AG is only liable for loss of interest, unless it has been expressly advised in an individual case of the risk of greater damage.
8. Collective Custody
BB Wertmetall AG accepts goods in precious metals traded by it for collective custody. Further provisions are governed by the contractual terms for collective custody. If the depositor receives goods back from collective custody, any complaints must be made immediately. The confirmation of receipt releases BB Wertmetall AG from all liability.
9. Data Protection
With regard to data protection, reference is made to the separate privacy policy of BB Wertmetall AG. The customer confirms that they have been provided with the privacy policy, have read it, and agree to its provisions.
10. Outsourcing of Business Areas
BB Wertmetall AG reserves the right, within the scope of outsourcing business areas, to have services, particularly in the areas of IT, logistics, and asset custody, performed by third parties.
11. Termination of Business Relationships
BB Wertmetall AG may terminate existing business relationships with immediate effect, whereby any claims become due for repayment immediately. Different written agreements remain reserved.
12. Equating Saturdays with Public Holidays
In all business dealings with BB Wertmetall AG, Saturdays are considered equivalent to a public holiday recognized by the state.
13. Reservation of Special Provisions
For special types of business, in addition to these general conditions of BB Wertmetall AG, special agreements between BB Wertmetall AG and the customer may also apply.
14. Amendments to Basic Documents
BB Wertmetall AG reserves the right to amend the basic documents at any time. These will be communicated to the customer by circular or in another appropriate manner, e.g. by publication on the website, and will be deemed approved without objection within one month.
15. Final Provisions
If individual provisions of these General Terms and Conditions or special conditions are invalid, the remaining content or validity thereof remains unaffected. The contracting parties shall replace the invalid provision with a valid one that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the regulations. In the event of discrepancies in other languages, the original German text of all provisions shall prevail.
16. Applicable Law
All legal relationships of the customer with BB Wertmetall AG are subject to Swiss law, excluding the conflict-of-law rules and the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods), insofar as applicable.
17. Place of Performance and Jurisdiction
The place of jurisdiction is determined by mandatory statutory provisions. Where such provisions do not apply, the exclusive place of jurisdiction for all types of proceedings is Lenzburg, Switzerland, as well as the place of performance and debt collection for customers without residence or registered office in Switzerland. However, BB Wertmetall AG also has the right to bring action against the customer at the competent court or authority of their residence/registered office or at any other competent court.
