Our Terms & Conditions
General Terms & Conditions
The following provisions provide a clear regulation of the joint relationship between the Customer and Geiger Edelmetalle AG.
1. Withdrawal Authorisation
The signature provision provided to the Geiger Edelmetalle AG in writing is exclusively valid and will remain valid until written cancellation has been submitted, regardless of commercial register entries and public notices.
2. Complaints from Customers
Complaints from customers regarding execution or non-execution of orders including any type of objection to invoices or portfolio statements, as well as other notifications must be made immediately within 10 days of receipt of these. Otherwise, the execution or non-execution, as well as respective statements, financial statements, settlements, announcements, notification, etc. are deemed as approved. If expected notification fails to be made, the complaint must be made as soon as the customer would have received it in the ordinary course of business and by ordinary postal delivery. The customer bears the arising damages for late complaints.
3. Notifications of the Geiger Edelmetalle AG
Notifications from Geiger Edelmetalle AB are deemed executed as soon as they are sent to the known address last specified by the customer. The time of delivery is deemed as the date noted on the copies and delivery notes in the possession of Geiger Edelmetalle AG.
4. Signatures and Legitimating Examination
As long as there is no gross negligence on the part of Geiger Edelmetalle AG, occurring damages from failure to recognise a lack of legitimization and forgeries are the responsibility of the customer.
5. Lack of Capacity to Exercise Rights
The customer is responsible for all damages resulting from his / her or a third party's lack of capacity to exercise rights unless these have been registered in the official documents of the canton of Zurich and Geiger Edelmetalle AG has been informed appropriately with regards to this information when pertaining to a third party.
6. Transmission Errors
Occurring damages arising from use of the postal system, telephone, telex, fax, Internet, other types of transmission and transport services, specifically loss, lack of timeliness, misunderstandings, mutilation or double copies are the responsibility of the customer as long as there is no gross negligence on the part of Geiger Edelmetalle AG.
7. Inadequate Execution of Orders
If damages occur due to non-execution or inadequate execution of orders, the Geiger Edelmetalle AG is only liable for the loss of interest unless, in individual cases, notification was made regarding the risk of damages over and beyond these.
8. Safe Deposit Boxes
The Geiger Edelmetalle AG accepts valuables and types of objects, depending on appropriateness, for storage in safe deposit boxes. As long as there is no gross negligence on the part of Geiger Edelmetalle AG, damages occurring due to loss, theft or damage to the objects stored in a safe deposit box are the responsibility of the customer.
Safe deposit boxes inside a building may not contain objects for storage that are unsuitable, i.e. inflammable and otherwise dangerous objects. The safe deposit box owner is liable for all damages occurring due to non-compliance with these provisions.
The Geiger Edelmetalle AG reserves the right to inspect the contents of the safe deposit box in the presence of the safe deposit box owner.
The Geiger Edelmetalle AG is only liable for gross negligence concerning damages that must be proven by the safe deposit owner. In every case, the liability of Geiger Edelmetalle AG only extends to the proven value, maximum the declared value of the contents. Geiger Edelmetalle AG is especially not responsible for damages due to loss, theft or atmospheric influences, magnetic fields, etc.
The insurance of the safe deposit box is the responsibility of the customer.
If the safe deposit box owner takes back deposited valuables and objects, he / she must file any possible complaints immediately. The receipt confirmation of the safe deposit box owner frees the Geiger Edelmetalle AG from all liabilities.
9. Lien and Settlement Rights
The Geiger Edelmetalle AG has the right of lien for all assets that it stores at its own facilities or elsewhere on account for the customer and also a right of offset for all entitlements from the business relationship, regardless of the due date or currency. The Edelmetalle AG has the right to choose enforced sale or utilisation by private contract concerning the lien as soon as the customer defaults and is in arrears. It can initiate proceedings against the customer for distraint or bankruptcy, in accordance with the right of lien. The Edelmetalle AG is entitled to sale in its own name.
10. Business Unit Outsourcing
The Edelmetalle AG reserves the right to acquire services from third parties, especially in the areas of outsourcing business units such as information technology and the storage of assets.
11. Termination of the Business Relationship
The Edelmetalle AG may terminate existing business relationships with immediate effect, whereby any demands are immediately due for payment. Other written agreements are reserved.
12. Equal Status of Saturdays and Public Holidays
Within the realms of all Edelmetalle AG business transactions, Saturdays have an equal status to state recognised public holidays.
13. Reservation of special Provisions
In addition to these General Terms and Conditions, special conditions issued by Edelmetalle AG apply to unique types of business, e.g. sale and purchase offers, as well as the storage and management of portfolio values.
Thus, special agreements between Edelmetalle AG and the customer are reserved.
14. Changes to Basic Documents
The Edelmetalle AG reserves the right to change the basic documents at any time. The customer will be informed of these changes via a circular letter or by another appropriate means and these are deemed as approved if there are no objections within a period of one month.
15. Final Provisions
Should individual provisions of these General Terms and Conditions or the special conditions be or become invalid, this does not affect the validity of the remaining provisions. The contracting parties agree to undertake the replacement of the invalid provision with one that is approximate to the intended purpose of the invalid provision. The same applies to possible loopholes.
16. Delivery Disruptions due to Force Majeure or similar events
If the failure to comply with a binding delivery date is proven to be due to force majeure or a similar event (e.g. trade block, lack of raw materials, industrial dispute measures), the obligation to deliver shall be suspended for a period equal to the time lost due to the service hindrance. If the fulfilment of the contract is impossible or complicated in part or completely due to the aforementioned for a period of at least 10 weeks, either the customer or we may withdraw from the contract in part or in whole.
The buyer will be promptly informed of the occurrence of force majeure or similar events with notification of the specific reason and will be informed how this affects the performance of the contract. In case of cancellation of the contract, advances from the customer will be refunded immediately.
Damage claims due to non-execution of delayed delivery are excluded as long as the non-execution or delivery delay is due to force majeure or similar circumstances.
17. Applicable Law
All regal relationships of the Customer with Geiger Edelmetalle AG are subject to Swiss law.
18. Place of Performance and Jurisdiction
The place of jurisdiction is based on compulsory legal provisions. Unless otherwise provided, the sole place of jurisdiction for all types of proceedings is Zurich, as well as the place of performance and operation for customers with no residence of place of business in Switzerland. The Edelmetalle AG also has the right to call the customer before any other competent court or authorised authority of his / her place of residence / business or before any other authorised court.
Terms of Purchase and Sale
Geiger Edelmetalle AG offers customers the possibility of purchasing and selling precious metals.
1. Scope of Applicability
The order, delivery and payment conditions apply to Geiger Edelmetalle AG purchase orders. If special contractual agreements apply, these are deemed supplementary. Additionally, the General Terms and Conditions of Geiger Edelmetalle AG apply.
2. Contract conclusion
The sales and purchase offers of Geiger Edelmetalle AG are subject to change and non-binding. The customer (buyer / seller) purchases / sells by telephone, in written form (letter, fax, email) or through entry at the Internet platform. A contract is only concluded with the transmission of a written acceptance confirmation (order confirmation) from Geiger Edelmetalle AG to the customer. The acceptance confirmation can be executed by telephone or in text form (letter, fax, email). For orders through the Internet platform, the receipt of the order will be confirmed immediately via email. The order confirmation does not implicate a binding acceptance of the order.
The Geiger Edelmetalle AG is subject to financial intermediary in the context of the money laundering law (GwG) and its relevant provisions. Accordingly, the customer must identify himself / herself for one or more transactions that exceed the amount of CHF 25,000.00 by means of an original identifying document or certified copy and must supply a written statement regarding the economic right of such transactions. For the purchase of goods through Geiger Edelmetalle AG, independent of the transaction amount, the customer is obligated to prove his / her identity.
A contract is only concluded after execution of the acceptance confirmation of the order / the sales offer and its contents (via order confirmation of invoice delivery) by the Geiger Edelmetalle AG or in the case of an order, through delivery of the object of delivery to the customer.
The acceptance confirmation can be executed by telephone or in text form (letter, fax, email).
Unless otherwise agreed, the items are due according to their type, i.e. if the item is no longer available; a product that is equivalent in quality and price will be delivered.
3. Prices and Trading Time
The valid prices on the day of contract conclusion shall be deemed as agreed upon and sales transactions shall be in CHF or EUR plus the respectively valid legal VAT unless a different agreement has been made
The delivery and packaging costs, incl. insurances, taxes, fees, contributions, custom duties, etc., both for sale and purchase, are the responsibility of the customer.
4. Terms of Payment, Delays, Counter-claims
The invoice amount is due without deductions immediately after receipt of the written acceptance confirmation (order confirmation) or the receipt of the invoice by the customer.
Payment must be made in cash or via bank transfer. Payment by credit card or check is not accepted. Payments shall be deemed as made only after Geiger Edelmetalle AG has received the amount, without deductions, on their bank account; by debit when the amount has been collected fully and no chargeback has been received.
If the customer does not execute payment within three (3) value days after the due date, he / she shall be deemed as in arrears even without notification. The Geiger Edelmetalle AG also has the right to withdraw from the contract even if the goods have already been delivered. The customer must reimburse the Geiger Edelmetalle AG for the arising damages (difference between contract price and market/stock market price at the time of fulfilment plus arising extra costs, as well as reminder and cancellation fees).
If the non-fulfilment of delivery dates is due to force majeure, e.g. mobilisation, war, unrest, natural catastrophes or other similar events, e.g. strikes, lockouts, the deadline shall be extended accordingly.
Delivery delay by the Geiger Edelmetalle AG occurs only when a delivery is not executed at the agreed-upon delivery date and after a written reminder, a grace period of four (4) weeks expires without results. If delivery deadlines cannot be met due to a bottleneck on the international raw material market, the aforementioned deadline shall be extended to twelve (12) weeks. The Geiger Edelmetalle AG will inform the customer of such delays accordingly.
The delivery delay has no effect on the exchange rates agreed-upon with the customer. These are valid as agreed.
For purchase transactions, the purchase price is due after receipt and positive examination of the goods concerning their authenticity and reusable condition. The Geiger Edelmetalle AG will transfer the purchase price within seven (7) business days after conclusion of the examination to the account specified by the customer.
If the examination of authenticity and reusability is negative for a purchase transaction, the Geiger Edelmetalle AG is entitled to withdraw from the contract and offer a new purchase price.
In this case, the goods will be sent back to the customer; the shipping costs are the responsibility of the customer.
All customer charges with respect to demands from the Geiger Edelmetalle AG are excluded.
If the Geiger Edelmetalle AG is aware of circumstance, regardless of the nature, that makes the credit worthiness of the customer questionable, the Geiger Edelmetalle AG is entitled to demand payment of the residual debt immediately and to retain goods not yet delivered or to request immediate payment by means of another method of payment, if stipulated.
5. Delivery and Transfer of Risk
The delivery dates indicated on the Internet and in the automatic order confirmation are non-binding reference points. Binding delivery dates must be agreed upon separately in writing.
The Geiger Edelmetalle AG is entitled to execute partial deliveries and partial services at any time.
The Geiger Edelmetalle AG ships only after receipt of payment from the customer; this also applies to cases in which a delivery date was stipulated.
Use and risk are transferred to the customer upon handover of the object of delivery to the customer or to handover to shipping.
If the customer refuses receipt, the goods shall be deemed as handed over at the time of the refusal. If the delivery is delayed at the request of the customer, the use and risk is transferred to the customer at the point in time of notification that the object is ready for delivery.
Delivery will be executed by a logistics or cash-in-transit company. The customer must be available at the delivery address the entire day of delivery because an exact delivery time cannot be agreed upon due to security reasons. The same applies for pick-up of goods (purchasing).
The location of performance for purchased goods is the respective current place of business of the Geiger Edelmetalle AG. If available, documents belonging to the goods shall also be transferred. The customer is obligated to insure the goods appropriately if the Geiger Edelmetalle AG does not execute the pick-up of the goods. Delivery must be executed in a manner so that the Geiger Edelmetalle AG must sign for the receipt of the goods. The sender is responsible for proving the delivery of the shipment.
The execution of a cash-in-transit transport has no effect on the location of performance.
6. Warranty
If there were defects at the time of handover of the object and the item was only classified by type, the customer - if this is still possible - is entitled to delivery of a replacement; if a replacement delivery is not possible, the defective goods shall be returned and the purchase price will be reimbursed; subsequent damages will not be reimbursed.
The customer has the right to take back the goods for goods that were not classified by type, as well as reimbursement of the depreciation or delivery of goods of the same type (customer option). In addition, in this case, subsequent damages will not be reimbursed.
The customer is responsible for providing evidence at the point in time when the risk is transferred; for material defects, the point in time when the defect was detected and the timeliness of the notification.
Warranty claims due to material defects come under the statute of limitations after one year after delivery of the goods.
The Geiger Edelmetalle AG must be notified of obvious defects within three (3) days after receipt of the delivery; other defects, immediately after detection. Otherwise, these shall be deemed as accepted.
With the execution of the description of characteristics - among others in the context of preliminary conversations and information, as well as brochures or other advertising claims: these do not constitute a warranty declaration or assurance of a characteristic that is binding for the Geiger Edelmetalle AG.
7. Retention of ownership
The delivered goods remain the property of the Geiger Edelmetalle AG until payment of the purchase price has been executed in full, as well as existing claims from business relationship with the customer.
The customer is obligated to cooperate with all necessary measures to protect the property of Geiger Edelmetalle AG: upon conclusion of a contract, he / she especially authorises Geiger Edelmetalle AG to execute registration and provisional entries of retention of ownership in public registers, directories or similar according to the applicable federal laws and to fulfil all related formalities.
8. Limitation of Liability
Claims for damages and reimbursement of expenses, regardless of the legal reason (especially due to breach of duties from the contractual obligation or from tort) are excluded; exceptions are claims due to obligatory legal provisions, which cannot be excluded.
In no case shall customer claims be permitted for the reimbursement of damages that did not occur to the delivery object itself, e.g. loss of production, loss of use, loss of orders, asset loss, as well as other direct or indirect damages. These restrictions do not apply to illegal intentions or gross negligence on the part of Geiger Edelmetalle AG; however, these do apply to illegal intentions or gross negligence on the part of auxiliary persons.
9. Final Provisions
The applicability of the UN Convention on Contracts for the International Sales of Goods (Viennese Sales Law) is excluded.