1.
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Applicability
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1.1
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The products and services of this website are distributed resp. produced by ("website operator"):
SwissGold Crypto AG
Baarerstrasse 75
CH-6300 Zug
Switzerland
Email: contact@swissgold.io
SwissGold Crypto AG is the publisher of the Website www.swissgold.io ("website").
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1.2
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These present GTC apply to all on the website available products and services ("online offers"). The offers apply to natural persons and legal entities, i.e. to individual customers as well as business customers ("customers").
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1.3
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By submitting the online order, the customer accepts these GTC. The version of these GTC valid at the time of the order shall apply, which cannot be changed unilaterally for this order. Contradictory conditions or conditions deviating from the GTC shall only apply after corresponding written confirmation by the website operator.
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2.
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Information on this website
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2.1
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The website contains information about products and services. Prices, product range and technical specifications are subject to change without notice. All information on the website (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, and other information) are for illustrative purposes and are to be understood as approximate values and are not binding. In particular, they do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. The website operator strives to provide all data and information on this website correct, complete, current and clear, however, the website operator can neither explicitly nor implicitly guarantee for it.
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2.2
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All offers on this website are subject to change and are not to be understood as a binding offer.
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2.3
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The website operator can not guarantee that the listed products are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
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3.
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Prices
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3.1
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The sales prices of products are shown with the respective offers and are indicated in Swiss Francs / CHF. Price quotations in other currencies are for illustration purposes and are to be understood as approximate values and are non-binding.
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3.2
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The stated sales prices are based on the market price (spot price) for gold in US dollars. This price is determined by the global trade in gold and is subject to price fluctuations accordingly.
The relevant price is the price at the time of the order. The website operator can demand an additional payment from the customer if the underlying market price used for the price information or the conversion rate to the currency used for payment changes significantly.
A change in price or exchange rate of more than 1.75% between the date of the order and the date of performance of the contract or delivery of the products by the website operator is considered a significant change.
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3.3
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The stated sales prices of products are net prices. On these net prices, the website operator may additionally charge price surcharges, any payment fees when paying by credit card, any currency conversion fees when paying with currencies other than Swiss Francs / CHF, as well as any shipping fees.
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3.4
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For the redemption of gold bars an offer is made for the physical delivery by value cargo. This depends on the value and destination. A handling fee of CHF 100 for the delivery is charged in addition.
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3.5
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The prices do not include consulting and support services.
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3.6
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Technical changes, errors and misprints are reserved, in particular the website operator can make price changes at any time and without notice.
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4.
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Conclusion of contract
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4.1
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The products and prices on this website are considered non-binding offers.
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4.2
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With the order via the website including the acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. The website operator then sends an automatic confirmation of receipt by email, which confirms that the offer of the customer has been received by the website operator. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
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4.3
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The website operator reserves the right to accept an order. The decision on this is at the free discretion of the website operator.
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4.4
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The contract is concluded as soon as the website operator sends a declaration of acceptance by email, in which the delivery of the ordered products or services is confirmed. Changes and updates of the order and delivery conditions and the assortment as well as limitation of the delivery quantity are reserved until the order is confirmed by the website operator. Price adjustments according to point 3.2 are reserved at any time.
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4.5
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Orders will be shipped only after full payment is received and if the goods are available.
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4.6
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If it turns out that the ordered goods cannot be delivered or cannot be delivered completely, the website operator is entitled not to accept the order or to execute it only partially. In such a case, the website operator will inform the customer by email. If the payment of the customer has already been received by the website operator, the payment will be refunded to the customer. If no payment has been made yet, the customer will be released from the obligation to pay. |
4.7
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For contracts concluded by other means, e.g. by telephone, email or letter, these GTC apply mutatis mutandis. Customers will be informed in the order confirmation where they can download the GTC on the Internet.
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5.
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Payment options
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5.1
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The following payment options are available to the customer:
– Payment by bank transfer
– Payment with credit card
– Payment with crypto currency
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5.2
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In case of payment by bank transfer or crypto currency, the payment information will be sent to the customer after receipt and confirmation of the order. Price adjustments according to point 3.2 remain reserved at any time.
If no payment is booked within 7 days after the confirmation of the order, the order will be cancelled by the website operator. Any partial payments will be refunded minus any payment fees and currency conversion fees.
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5.3
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The website operator reserves the right to exclude customers from individual payment options without giving reasons.
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6.
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Delivery conditions
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6.1
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For products that are physically delivered, such as cards, icons, specials, gold bars, the delivery is made to the order/shipping address specified by the customer.
Some products can only be delivered to certain countries. This is noted accordingly in the product information.
The delivery is handled by a service partner.
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6.2
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For gold bars with digital proof of ownership, the cryptographic tokens are delivered to the customer's authorized wallet address. Authorization is carried out by means of a cryptographic signature.
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6.3
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For the redemption of gold bars, the delivery is made to the order/shipping address specified by the customer.
The delivery is handled by a service partner.
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6.4 |
The website operator accepts no legal responsibility for errors, incorrect information or inaccurate information provided by customers when entering customer data and accepts no liability for any form of loss or damage.
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6.5
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The website operator strives to keep delivery times as short as possible. However, any delivery times stated in the order confirmation are not binding. The website operator is entitled to make partial deliveries.
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6.6
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Claims for damages for deliveries not on time are excluded. The website operator is not liable for delays in delivery caused by third parties and in principle does not owe any compensation in this respect.
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7.
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Warranty
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7.1
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It is not possible for the website operator to provide assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties not owned by the website operator.
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7.2
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The liability of the website operator is limited to damages caused by intentional breach of contract or gross and average negligence of its employees
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7.3
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Customers are aware that errors can creep in even with careful software development and maintenance, so that the website operator is not liable for uninterrupted operation of the website. The website operator is not liable for consequential damages, lost profits and data loss as well as damages as a result of interruptions in operation.
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7.4
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The website operator carries out planned system interruptions, e.g. maintenance intervals, at off-peak times if possible. He can interrupt the operation if this is necessary for important reasons, e.g. in case of malfunctions or danger of misuse. If possible, information about interruptions is announced on the website.
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7.5
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The website operator is not liable for defects and malfunctions for which it is not responsible, especially not for security defects and operational failures of providers or third-party companies with which it cooperates or on which it is dependent.
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7.6
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Furthermore, the website operator is not liable for force majeure, improper actions and disregard of risks on the part of the customers or third parties, excessive use, unsuitable operating equipment of the providers or the customers or third parties, extreme environmental influences, interventions by the contracting party or its customers or disturbances by third parties (viruses, worms, etc.), which happen despite the necessary current security precautions.
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7.7
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The website operator informs the customers on the website about risks, e.g. spams that are allegedly sent in his name, as well as security precautions.
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7.8
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Customers must ensure the security of the systems, programs and data that are within their sphere of influence. In their own interest, customers should keep passwords and user names secret from third parties.
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8.
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Liability
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8.1
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The website operator excludes any liability, regardless of its legal basis, as well as claims for damages against the website operator and against any auxiliary persons and vicarious agents. In particular, the website operator is not liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
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8.2
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The website operator uses hyperlinks only for the simplified access of the customer to other web offers. The website operator can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
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9.
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Privacy
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9.1
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The website operator may process and use the data recorded during the conclusion of the contract to fulfill the obligations arising from the purchase contract and for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners (delivery partners) or other third parties.
The data protection provisions are available in detail here.
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10.
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Partial invalidity
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10.1
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If certain points are not regulated or individual provisions of these GTC are invalid, the contract shall nevertheless remain in force. The unregulated or ineffective points are to be replaced by an agreement that complies with the law and comes as close as possible to the will of both parties.
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11.
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Further provisions
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11.1
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These GTC are available in German and English. In case of doubt, the German version is authoritative and binding.
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11.2
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These GTC may be changed by the website operator at any time and put into effect without notice.
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11.3
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Changes and additions to these GTC become effective and valid upon posting on the website.
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11.4
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It is the Customer's responsibility to regularly check the content and any amendments to these GTC by consulting the following address:
http://www.swissgold.io/about/terms_en.php
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12.
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Applicable law and place of jurisdiction
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12.1
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In the event of disputes, Swiss substantive law shall apply exclusively, with exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction is the ordinary courts at the registered office of the website operator. Deviating from this, the website operator is entitled to sue customers at their domicile.
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