About and General Terms and Conditions
About this Website
Responsible for the contents of this web page is:
Dresden.Gold GmbH
Represented by Katharina Brune
An der Frauenkirche 20 • D-01067 Dresden
| Telephone | +49 (0)351 - 43 83 89 23 |
| Fax | +49 (0)351 - 43 83 89 29 |
| info@dresden.gold |
Registered under HRB-Nr. 35532 in the Register of Companies of the Lower Regional Court Dresden.
Supervising chamber: Chamber of Industry and Commerce Dresden
VAT identification number (VAT-Id): DE 307713164
EORI number: DE 659646146899951
Photo credits:
Photos of Products: PYKADO Photography by Paul Kuchel / www.pykado.de as well as Dresden.Gold GmbH
Image of diamond on home page: https://de.fotolia.com/id/45290229 © royaltystockphoto
Information concerning online dispute resolution:
The EU-commission provides an Online Dispute Resolution (ODR) platform. This platform offers a single point of entry that allows EU consumers and traders to settle their disputes for both domestic and cross-border online purchases.
The platform will be available here: http://ec.europa.eu/consumers/odr/.
General Terms and Conditions of Dresden.Gold GmbH
Dresden.Gold GmbH
An der Frauenkirche 20
D-01067 Dresden
- hereinafter referred to as supplier -
§ 10 Applicable law, Place of jurisdiction
§ 1 Scope
1. The services provided by the supplier for the online shop at www.dresden.gold are provided exclusively on the basis of the following General
Terms and Conditions, in the version valid at the time of the order.
2. Our General Terms and Conditions apply exclusively. Any terms and conditions of the customer that deviate from our General Terms and Conditions, or any individual agreements that deviate from them, shall have no validity unless we expressly agree to them in writing.
§ 2 Conclusion of a contract
1. Our offers on the internet constitute a non-binding invitation to the customer to order, amongst other things, precious metals. By submitting an order via our website, the customer makes a binding offer to conclude a contract.
2. Confirmation of receipt of the order is sent immediately after the order is submitted and does not yet constitute acceptance of the contract.
Notwithstanding Section 130 of the German Civil Code (BGB), we may accept your order by sending a confirmation of acceptance by E-Mail within two working days of receiving the order. The period begins at the end of the day on which we receive the order. Working days are defined as Monday to Friday of a week. Public holidays are not working days. The contract is concluded upon dispatch of the confirmation of acceptance.
If the customer has created a customer account, notification via the customer account is sufficient for the contract to be accepted in good time.
3. All information provided in the online shop is non-binding. The details set out in the order confirmation shall prevail. Where products are described, these are merely product characteristics and do not constitute guarantees. Where the information refers to a manufacturer, we reserve the right to supply a product from another manufacturer, provided that the essential product characteristics are identical. The external dimensions do not constitute an essential product characteristic.
§ 3 Payment, Arrears
1. The prices listed on our website at the time the order is received shall apply. All prices include statutory VAT and exclude the shipping costs specified in each case.
2. Payment of the purchase price may be made in advance by bank transfer or in cash upon collection from the provider’s physical shop.
3. Arreas on payment occurs upon receipt of a reminder or, at the latest, 30 calendar days after receipt of the invoice with a request for payment.
4. If the customer, acting as a consumer, is in arreas, we are entitled to charge default interest at a rate of 5 percentage points above the European Central Bank’s base rate per annum. If the customer is a business operator within the meaning of the law, the interest on arrears shall be 9 percentage points above the base rate per annum.
5. In the event that we claim higher damages for delay, the customer has the opportunity to prove that the additional damages claimed for delay have not been incurred at all or have been incurred in a significantly lower amount.
§ 4 Reservation of ownership
We retain title to the goods delivered until the purchase price has been paid in full.
§ 5 Delivery
1. Goods are delivered by post to the delivery address provided by the customer, unless otherwise agreed. Deliveries cannot be made to parcel collection points.
2. The Supplier indicates the delivery times on the relevant product page. The start of the specified delivery period is subject to the timely and proper fulfilment of the Customer’s obligations, in particular the correct provision of the delivery address when placing the order and full payment, whereby the date on which the payment is credited to the Supplier’s account is decisive.
3. If the Supplier is unable to deliver the ordered goods through no fault of its own, for example because the Supplier’s supplier has failed to fulfil its contractual obligations, the Customer shall be informed immediately that the ordered goods are not available. Any payments already made by the Customer shall be refunded without delay. The Customer’s statutory rights remain unaffected.
4. In dealings with businesses, the risk of deterioration or loss of the goods passes to the customer upon handover of the delivery item to the transport company. If handover or dispatch is delayed for reasons for which the customer is responsible, the risk passes to the customer on the day notification is given that the delivery item is ready for dispatch.
§ 6 Default of acceptance
1. If the customer is in default of acceptance or culpably breaches other obligations to cooperate, we shall be entitled to claim compensation for the loss incurred by us as a result, including any additional expenses.
We reserve the right to assert further claims.
2. The customer, for their part, reserves the right to prove that no damage in the amount claimed has been incurred, or at least that the damage incurred is significantly lower. The risk of accidental loss or accidental deterioration of the goods passes to the customer at the point in time at which they are in default of acceptance or payment.
§ 7 Warranty
1. In the event of a defect, the customer may choose whether rectification is to take the form of repair or replacement. However, we are entitled to refuse the method of rectification chosen by the customer if it would entail disproportionate costs and the alternative method of rectification would not cause the customer any significant inconvenience. In any case, the Supplier must first be given the opportunity to inspect the reported defect. If the inspection reveals that the reported defect does not exist, the Customer undertakes to reimburse the Supplier for the costs incurred in connection with the defect inspection.
2. If the remedy has failed or if we have refused to provide a remedy altogether, the customer may, at their discretion, demand a reduction in the purchase price (price reduction) or withdraw from the contract. Any claims for damages by the customer remain unaffected by this.
3. If the customer is a business within the meaning of Section 14 of the German Civil Code (BGB), the following shall be deemed agreed in respect of the customer’s warranty claims: Obvious defects must be reported to the supplier in writing immediately upon delivery of the goods; hidden defects must also be reported in writing immediately upon their discovery. If the defect is not reported within the prescribed period, the customer’s warranty rights in respect of the defect not reported in good time shall be excluded. However, this shall not apply if the supplier has fraudulently concealed the defect and/or has given a corresponding guarantee. Warranty claims shall become time-barred – except in the case of claims for damages – within one year of delivery of the goods to the entrepreneur.
§ 8 Limitation of liability
1. In the event of a breach of duty due to slight negligence, the liability of the Supplier and the Supplier’s vicarious agents shall be limited to the average direct loss that is foreseeable given the nature of the goods and typical for this type of contract. In the event of slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardise the performance of the contract, neither we nor our vicarious agents shall be liable.
2. The above limitations of liability shall not apply to claims arising from product liability or warranty, nor to claims arising from bodily injury, damage to health or loss of life.
§ 9 Data Protection
We treat your personal data confidentially and in accordance with statutory data protection regulations. Your data will not be disclosed without your express consent, or only to the extent necessary for the performance of the contract, for example to companies responsible for delivering the goods. For further details, please refer to our privacy policy, available at https://www.dresden.gold/datenschutz/.
§ 10 Applicable law, Place of jurisdiction
1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the rules of international private law, provided that this choice of law does not result in a consumer being deprived of mandatory consumer protection provisions.
2. If the contracting parties are merchants, the court at our registered office in Dresden shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This shall also apply if the customer is not domiciled within the European Union.
§ 11 Final provisions
If any provision of this contract is or becomes invalid, the remaining provisions of this contract shall remain unaffected. The invalid provision shall be replaced by a valid provision that corresponds to the meaning and purpose of the invalid provision.
