Information about ESG Edelmetall-Service GmbH & Co. KG

1. Scope of these GTC, General

1.1. These General Terms and Conditions (hereinafter also referred to as "GTC" or "Conditions") shall apply to all legal transactions between the company ESG Edelmetall-Service GmbH & Co. KG (hereinafter also "We") and the customer (hereinafter "Customer" or "You"). These GTC apply exclusively; any counter-confirmations or general terms and conditions of the customer are expressly contradicted. This shall also apply if the Customer's offer or acceptance of an offer is made with reference to the overriding validity of the Customer's own GTC or if we carry out the delivery/service without reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from these GTC.

1.2. These GTC apply to our services and offers at our registered office in Rheinstetten. Transactions made via the online shop of the company ESG Edelmetall-Handel GmbH & Co. KG shall be subject to the terms and conditions set out in the separate GTC of this company.

1.3. In business transactions with entrepreneurs, these terms and conditions shall also apply to all future legal transactions, even if they are not expressly agreed again.

1.4. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes which cannot predominantly be attributed to either his commercial or his independent professional activity (Section 13 BGB).

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, exercises his commercial or self-employed professional activity. (§ 14 BGB).

2. Conclusion of contract, contract execution

2.1. We buy and recycle the precious metals gold, silver, platinum, palladium and rhodium and then return them to the raw materials cycle. We buy these precious metals from both private individuals and companies (e.g. in the form of jewellery, dental gold, bars, coins, silverware, etc.). We also buy diamonds.

2.2. You can send your material to us by postal service provider together with a printout of the shipping cover letter provided for this purpose on our homepage. From a material value exceeding 2,500.00 Euros, you can also have your material collected at our expense by a cash-in-transit company commissioned by us. Our cash-in-transit order form is available to you for this purpose. You will receive a confirmation of receipt of the material.

You can also hand in your material personally by appointment at our ESG collection centre in Rheinstetten.

2.3. When we receive your material, you submit an offer to purchase it. At the same time, youassure us that you have legal capacity and are the unrestricted owner of the material and that it is not pledged or subject to any other third-party rights. In addition, you assure us that the material does not originate from an unlawful act, in particular a criminal act, is not attributable to such an act or is not intended to be sold for such an act. You also declare that, to the best of your knowledge, the material does not contain any hazardous, in particular toxic, components (e.g. arsenic, mercury, etc.).

With the receipt of the material by us, you irrevocably agree that, for the purpose of evaluating the material, we may analyse it in our precious metal testing laboratory and, if necessary, mechanically, thermally or chemically process or modify it. This may result in the material being damaged or destroyed. You are not entitled to any claims for damages due to the damage or destruction of the material.

Packaging material, outer packaging, transport boxes as well as original packaging will be disposed of upon receipt of the goods and cannot be returned in the event of complaints.

2.4. In the case of material that can be analysed immediately (jewellery, bars, coins, silverware, etc.), we determine the value of the material immediately - within two working days (Monday to Friday) - after receipt of the material in our precious metal testing laboratory and will inform you accordingly by post or, on request, by telephone or e-mail. If you wish to be consulted before the final payment, we kindly ask you to note this expressly on the shipping cover letter. The current purchase price on the day of receipt of the goods is decisive. We will issue a statement of account immediately - within two to three working days - after receipt of the material and transfer the credit amount to the account you have indicated on the cover letter.

If you have brought the material to us personally, you can be present during the analysis and decide, based on the result of the analysis, whether to sell your material to us. In the event of a sale, you will receive the amount due immediately in cash on request and up to a value of EUR 10,000.00 or, in the event of a value of more than EUR 10,000.00, a cash cheque which you can cash at our bank in the immediate vicinity.

By issuing the statement of account, we accept your offer. This concludes the contract between us and the ownership of the delivered material is transferred to us.

2.5. In the case of materials for which a valuation is only possible after reworking or processing (e.g. dross, filters, sludge, slag, powder, etc.), we will inform you of this in addition or together with the confirmation of receipt, either in text form or in person. As soon as we have the analysis result, we will contact you for acceptance of the offer and billing formalities.

2.6. The contract language is German.

3. Right of withdrawal

3.1. In the case of recycling materials: If you were not personally present at the time of the analysis of your scrap precious metal, you may withdraw from the contract without giving any reason ( except in the case of electronic scrap, contacts, punching waste, etc.) by informing us within five working days (Monday to Friday) after receipt of the material (e.g. by e-mail, fax, letter, etc.), In this case, the date on which we receive the material is decisive. You shall return to us the purchase price within a period of ten working days after receipt of the material, in which case the date on which the money is paid into our account is decisive.

3.2. In the case of investment metals: If you were not personally present during the inspection and valuation of your coins and bars, you may withdraw from the contract without giving reasons by notifying us in writing (e.g. by e-mail, fax, letter, etc.) within one working day (Monday to Friday). In this case, the date on which we receive the material is decisive. You shall return to us the purchase price within a period of ten working days after receipt of the material, in which case the date on which the money is paid into our account is decisive. For investment metals, the withdrawal period is shorter than in the case of recycling materials, because in this case we have to hedge the metal prices directly when we buy them from the ESG on the stock exchange.

3.3 If you do not comply with one of the deadlines mentioned under 3.1. or 3.2 above, the withdrawal has not been validly declared.

3.4. In the event of an effective withdrawal, we will return your material to you within one week after receipt of the purchase price on our account (by DHL at your expense). The risk of accidental loss or accidental deterioration of the material shall pass to you as soon as we have handed it over to the shipping company.

4. Right of withdrawal for consumers

4.1 Insofar as you do not conclude the contract with us on site at our ESG collection centre, this shall be deemed to be a remote sale contract. Consumers are generally entitled to a right of withdrawal in the case of a remote sale contract.

4.2. Pursuant to Section 312g (2) (8) BGB (German Civil Code), however, there shall be no right of withdrawal if the object of a remote sale contract is the delivery of goods whose price on the financial market depends on fluctuations over which the trader has no influence and which may occur within the withdrawal period. This concerns the products containing precious metals or the diamonds described in greater detail in 2.1.

4.3. For other goods, i.e. those which do not fall under § 312g (2) (8) BGB, there is a 14-day right of withdrawal for consumers, for which we have given instructions below:

Withdrawal policy

You have the right to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must notify us (ESG Edelmetall-Service GmbH & Co. KG, Gewerbering 29b, 76278 Rheinstetten, telephone +49(0)7242-9535177, fax +49(0)7242-5240, info(at)scheideanstalt.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. 

Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, in which case you will not be charged any fees for this refund.

We may refuse to make this refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods whose price on the financial market depends on fluctuations over which the trader has no influence and which may occur within the withdrawal period (cf. clause 4.2. of these GTC).

5. Liability

5.1. We shall be liable without limitation for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty and for other damages caused by an intentional or grossly negligent breach of duty and fraudulent intent. In addition, we shall be liable without limitation for damages covered by liability under mandatory statutory provisions and in the event of the provision of guarantees.

5.2. In the event of a breach of material contractual obligations, i.e. obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, we shall also be liable for simple negligence, but only up to the amount of the foreseeable damage typical for the contract. Any claims for loss of profit, claims for damages from third parties as well as other indirect and consequential damages cannot be demanded, unless a quality feature guaranteed by us has the specific purpose of protecting the customer against such damages.

5.3. Any further liability is excluded.

5.4. The above limitations of liability shall also apply in favour of our employees, vicarious agents, executives and organs.

6. Applicable law, place of performance, place of jurisdiction.

6.1. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of international provisions, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).

6.2. If the customer is an entrepreneur, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office.

7. Set-off, retention, assignment

7.1. The customer may only set off claims that are undisputed or have become res judicata.

7.2. A right of retention may only be based on claims arising from this contract.

7.3. The customer is not entitled to assign or transfer his rights and obligations under the contract without our prior consent.

8. Severability clause

Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Please note the following information when using this and all other ESG websites:

Permission of use

ESG grants to natural persons visiting this website a revocable, non-exclusive, non-transferable and limited permission to access and use the website and the information contained therein. This permission is only valid to the extent that the user exclusively pursues the objectives described below and complies with the restrictions set out in these terms of use. The user is not permitted to interrupt or attempt to interrupt the operation of the website in any way.

Disclaimer of Warranties

Accuracy and Reliability of Information:
This website and its content are provided "as is". ESG shall not be liable:

• for the timeliness, accuracy or completeness of the information provided on the website, including any pricing information.
• for the accuracy of the results obtained by the user or other third parties through the use of the website.

 Any opinions or assessments presented as the opinion or assessment of ESG reflect only the opinion or assessment of ESG at the time of publication and are subject to change without notice.

Regional legal restrictions

This website contains, among other things, general information about the types of products and services offered by ESG. This website is not intended for persons in countries where the publication of information about it or the distribution of such products and services as described on the website is prohibited, whether on grounds of nationality, residence or otherwise. Persons who are subject to such restrictions may not use this website.

References to other websites ("Links")

"Links"" contained on the website will take you to publicly accessible sites whose content is not created by ESG. Consequently, ESG is not responsible for the content of these sites or the accuracy of the information contained on these sites. Please read the conditions for the use of such sites carefully. By including a "link" to another website on ESG's web pages, ESG does not endorse, agree with or recommend the content of that site. As a precaution, we therefore distance ourselves from all content of linked sites.

Changes to the website

ESG reserves the right to modify, suspend or discontinue the operation of the website at any time, including the services, information or functionalities offered on the website which are accessible within the scope of the intended use of the website.

Limitations of liability

Use of the Website is at the user's own risk. The user bears sole responsibility and the sole risk of loss resulting from downloading from, accessing or using the website and/or its content.
ESG shall not be liable for any damages of any kind that arises as a result of the information published on the website or any errors in or omissions from the website.
ESG accepts no liability whatsoever for damages arising from investment decisions based on information provided on this website.

No offer, no advice

Our price analyses are based on sources that we consider trustworthy and reliable. Despite the careful selection and valuation of sources, we cannot accept any liability for the completeness, accuracy and correctness of the content of the information. All strategies resulting from our analyses must be examined by you or your investment advisors with regard to risk and implementation. The information on this website is not investment advice, but is only intended to facilitate your independent investment decision.

Underlying law and jurisdiction

Unless otherwise stipulated in contractual agreements, these Terms of Use are governed by German law and shall be interpreted in accordance with the laws of the Federal Republic of Germany.

Changes to the terms of use

ESG reserves the right to amend or supplement these terms of use in any way. The user should read these terms of use at the beginning of each visit to this website in order to familiarise himself with any changes.

Severability clause

If at any given time, any provision or part of any provision of these Terms of Use becomes unlawful, void or unenforceable in any jurisdiction, that shall not affect the lawfulness, validity or enforceability in that jurisdiction or in any other jurisdiction of the remaining provisions of these Terms of Use.

Copyright

The web pages of ESG were first created in 1999 (at that time still Schüssler Metallgrosshandel GmbH & Co. KG), have been regularly amended and are protected by copyright at all times. ESG reserves all rights to data, images and text displayed on or transmitted through this website. By using the website and permission to do so, the user does not acquire any rights to the website or its content.

The user is prohibited from:

• using the website to offer services for the benefit of third parties
• altering or removing the copyright notices provided
• using logos, images or other identifying features of ESG without the prior written consent of ESG. Exceptions can be found in our separate Terms of Use for Images.

© 2016 Edelmetall-Service GmbH & Co. KG, D-76287 Rheinstetten