REGULAMIN SKLEPU b2b.germaniamint.com
§ 1. DEFINITIONS
1. Germania Mint Invest - Germania Mint Invest Sp. z o.o. with its registered office in Jelenia Góra (58-500), Aleja Wojska Polskiego 21 Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, IX Economic Division under KRS number 0000486736, share capital 5,000.00 PLN, NIP: 6112732869, REGON: 022297193; operating the Online Store and being the Administrator of Customers' personal data.
2. Online Store – an online transactional service operated by Germania Mint Invest, available at https://b2b.germaniamint.com/pl/, through which Products intended for sale are presented and sales contracts are concluded between Customers and Germania Mint Invest.
3. Regulations – these regulations defining the scope and terms of sale of Products by Germania Mint Invest through the Online Store.
4. Product – a product presented on the Online Store website, being the subject of sale via the Online Store, in accordance with the Regulations rules.
5. Account – an account created during registration in accordance with the Regulations, through which the User can make purchases in the Online Store; creating an Account is necessary to make purchases in the Online Store.
6. User – a legal person or a natural person conducting business activity who has an Account in the Online Store.
7. Customer – a User with whom a sales contract for the selected Product or Products has been concluded in accordance with the Regulations.
8. Contract - an electronic service contract whose subject is the provision of Account functionality, in accordance with the rules specified in the Regulations; concluded between the User and Germania Mint Invest for an indefinite period, upon approval of the registration form referred to in § 3 of the Regulations.
9. Personal Data – information collected during Account registration concerning the User as an identified or identifiable natural person, processed by Germania Mint Invest to the extent necessary to enter into, amend, properly perform, and terminate sales contracts for Products, settle accounts with the Customer, for direct marketing of its own Products, and for other purposes subject to obtaining appropriate consents.
10. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
11. AML (Anti Money Laundering) – the Act of 1 March 2018 on counteracting money laundering and terrorist financing.
12. KYC (Know Your Customer) – a due diligence procedure that Germania Mint Invest, as an obliged entity within the meaning of AML, must carry out to identify its Customers and ultimate beneficial owners and obtain information required to establish business relations with the Customer or conduct an occasional transaction.
13. KYC Form – a form used as part of KYC, enabling the collection of such a set of information about the Customer that allows verification of their identity, assessment of their business profile, and confirmation of their reliability.
§ 2. RULES FOR USING THE ONLINE STORE
1. To use the Online Store, the User must have a device allowing access to the Internet with an installed and operational web browser supporting at least XHTML 1.0 with JavaScript enabled. The latest available browser version is recommended. Screen resolution should be at least 350 pixels. The Online Store can be displayed at lower resolutions, but issues with correct display of some purchase-essential elements may occur. Additionally, accepting "cookies" storage in the browser memory is recommended. Rejecting cookies or disabling them in browser settings may hinder website use.
2. Creating an Account is necessary to make purchases in the Online Store.
3. Creating and using an Account in the Online Store is voluntary and free of charge.
4. A User may not have more than one Account assigned to a single email address.
5. The User is obliged to use the Online Store and Account in accordance with the law, taking into account intellectual property rights, in particular copyrights belonging to Germania Mint Invest or third parties.
6. The User is prohibited from providing unlawful content via the Account or Online Store.
7. In case of the User breaching the Regulations or actions deemed harmful to the Online Store, Germania Mint Invest has the right to temporarily suspend, block, or permanently delete the User's Account.
8. Upon Account deletion, all Personal Data entered within the Account will be irrevocably deleted. Germania Mint Invest reserves the right to retain Personal Data entered by the User within the Account for pursuing potential claims related to the User's use of the Online Store, disclosing such data to competent authorities, for fulfilling AML obligations, and in other legally regulated cases.
9. Upon Account deletion, the Contract with that User is terminated.
10. If the Contract is terminated by Germania Mint Invest, the User may not re-register without prior consent from Germania Mint Invest.
§ 3. ACCOUNT CREATION
1. To create an Account, registration in the Online Store is required.
2. Registration involves completing and submitting the registration form available on the Online Store website.
3. The person interested in creating an Account must provide their correct and up-to-date Personal Data, email address, and password in the registration form.
4. After filling the registration form, the Regulations and Privacy Policy and GDPR must be accepted (by checking the appropriate boxes), and then the form registered. Failure to do so prevents completion of registration.
5. Additionally, before approving the registration form as per point 4 above, the Customer may consent to receiving the Newsletter.
6. Upon registration form submission, a confirmation email is sent to the provided email address. Upon sending the registration confirmation, the Contract between the User and Germania Mint Invest is concluded, and the Account is created for the User.
7. Account use is possible only after activation by Germania Mint Invest.
8. Upon receiving Account registration information, Germania Mint Invest sends the KYC Form to the email address provided by the User during registration.
9. The User enters data into the KYC Form truthfully and to the best of their knowledge, bearing full responsibility for it. The completed form is sent to the email address indicated in the correspondence. Germania Mint Invest verifies KYC forms and may request additional information or documents confirming the data in the KYC application. Failure to provide additional information or documents may result in negative verification of the KYC Form.
10. After positive verification of the KYC Form by the Compliance unit, Germania Mint Invest activates the Account and informs the User.
11. The Account contains, in particular, the User's Personal Data provided in the registration form. In case of changes to Personal Data, the User must promptly inform the sales representative of the need for update.
12. The User is not entitled to enter third parties' Personal Data or images in the registration form without legally required permission or consent from those persons.
13. During use of Germania Mint Invest services, the User is prohibited from removing Personal Data from the Account or providing incomplete, outdated, or untrue Personal Data.
§ 4. RULES FOR PLACING ORDERS AND CONCLUDING SALES CONTRACTS
1. Product presentation on the Online Store pages does not constitute an offer within the meaning of the Civil Code provisions. It should be understood as an invitation to submit offers, in accordance with Art. 71 of the Civil Code.
2. To purchase Products, the User must log in to the Online Store.
3. An order is placed after the Customer selects Products for purchase, fills all data necessary for order fulfillment in the order form provided by Germania Mint Invest on the Online Store page, and finally confirms the order by selecting "I confirm the order".
4. Submitting an order for selected Products by the Customer in accordance with the Regulations constitutes a binding offer to purchase those Products.
5. Immediately after order submission, the Customer receives an automatic notification confirming receipt of the order by Germania Mint Invest, and then, in a separate email, a proforma invoice constituting final order confirmation and basis for payment.
6. Orders placed on business days between 8:00 - 16:00 are calculated at the current currency and metal rates. Orders placed on business days after 16:00 and on non-business days will be recalculated at the currency and metal rate at 8:00 the next business day.
7. Payment term for orders is 48 hours from receipt of the proforma invoice.
8.Germania Mint Invest guarantees maintaining the set order price if payment for the ordered Products is made within 48 hours from receipt of the proforma invoice by the Customer. Payment is considered made upon crediting the account held for Germania Mint Invest with funds not less than the order value indicated in the proforma invoice.
9. The place of delivery of the sold item is the headquarters of Germania Mint Invest in Jelenia Góra at Al. Wojska Polskiego 21.
10. Pickup of the sold item is possible after payment of the order price, at the seller's headquarters on business days between 8:00 and 14:30. After prior appointment, no later than the day before the planned pickup date.
11. At the Customer's request, Germania Mint Invest fulfills shipment based on shipping labels provided by the Customer.
12. At the Customer's request, Germania Mint Invest enables delivery of the sold item to a place indicated by the Customer. Delivery takes place according to DAP rules (Incoterms 2020) at the Customer's cost and risk. The Customer may use additional shipment insurance service. In such case, Germania Mint Invest sends the Customer insurance terms upon request.
13. In case of Customer's request for delivery of the sold item, the Customer bears delivery and possible insurance costs, calculated individually for each order. Information on delivery costs is provided on the proforma invoice. Payment of delivery costs is a condition for delivery of the sold item.
14. Combining several timely paid orders into one shipment is allowed, but requires prior consultation with the Customer Support sales representative.
15. Shipment term is indicated on the product card on the Online Store website.
16. Shipment term may change due to reasons beyond GMI's control. In such case, the Customer will be promptly notified.
17. After crediting the prepayment to the account, Germania Mint Invest confirms to the Customer the expected shipment term or, for personal pickup, arranges the pickup term with the Customer.
§ 5. ORDER CANCELLATION RULES
1. Receiving the automatic order confirmation notification constitutes a binding transaction between the Customer and Germania Mint Invest and is the moment when all market risk related to price breaches is transferred to the Customer.
2. The Customer has no right to cancel the order or withdraw from the sales contract if the contract subject is a Product whose price depends on fluctuations in the financial market over which Germania Mint Invest has no control (products whose price depends on metal rates) and such price fluctuations may occur before the withdrawal period expires, i.e., 14 days.
3. If payment is not made within 48 hours from sending the proforma invoice, the order may be canceled by Germania Mint Invest. Germania Mint Invest reserves the right to restore the order, with simultaneous update of prices of items covered by the order.
4. At the Customer's request, Germania Mint Invest may consent to order cancellation. All issues regarding order cancellation are subject to internal regulations on sales and purchase order processing and metal securing.
5. In case of order cancellation, the Customer is obliged to pay a fixed fee of 150 PLN or its equivalent in EUR or USD, converted at the bank exchange rate on the cancellation day.
6.If any market loss occurs to Germania Mint Invest as a result of order cancellation, it will be added to the fixed cancellation fee.
7. By requesting order cancellation, the Customer consents to being charged the costs referred to in § 5 points 5 and 6 and must pay the fee within 48 hours from receipt of the invoice.
8. Order cancellation occurs only after settling fees resulting from market loss (if any) and the fixed order cancellation fee.
9. Only after crediting the fees resulting from order cancellation, Germania Mint Invest will cease any actions towards the Customer arising from liability for non-fulfillment of contract terms.
10. Germania Mint Invest reserves the right to cancel the order if, due to circumstances beyond its control or force majeure, it is unable to deliver the ordered item. In case of order cancellation, Germania Mint Invest will provide the Customer with detailed explanation of cancellation reasons, and upon Customer's request, evidence justifying the position.
§ 6. COMPLAINTS
1. The Customer is obliged to record the process of opening shipments from Germania Mint Invest using video recording means.
2. In case of Product non-conformity with the sales contract, the Customer has the right to complain about the Product.
3. Minting defects and differences in appearance of ordered and received Products resulting from differences in Customer's monitor settings, in particular differences in colors and shades of precious metals, do not constitute grounds for complaint due to Product non-conformity with the contract.
4. Notification of complaints regarding package damage or incorrect quantity of delivered goods must be sent by the Customer immediately, but no later than within 3 business days from delivery date.
5. In case of reservations regarding Product quality, the Customer must take photos or videos showing the complained item. Photos or videos should clearly identify the defects.
6. The Customer submits a complaint by completing the Complaint Form, constituting Appendix No. 1 to these Regulations, and sending it to complaint@germaniamint.com. The Customer must attach photos/videos showing the complained item to the Complaint Form.
7. The basis for complaint consideration is proof of purchase (invoice or receipt).
8. Within no more than 14 calendar days from receipt of complete complaint notification, Germania Mint Invest will provide the Customer with email information on complaint resolution.
9. In case of necessity to return complained Products, the Customer must place the complaint number visibly on the returned package.
10. If the Customer fails to provide all required documents, photos/videos within 7 days from complaint submission or, at Germania Mint Invest's request, fails to return the complained Products, the complaint is canceled.
11. Costs related to shipping the complained Product to Germania Mint Invest are borne by the Customer.
§ 7. OBLIGATIONS ARISING FROM THE AML ACT
1. Germania Mint Invest, as an obliged entity within the meaning of AML, is obliged to identify and assess money laundering and terrorist financing risk related to business relations established with Customers or occasional transactions performed by them, and to apply financial security measures towards its Customers.
2. As part of applying financial security measures, Germania Mint Invest is particularly obliged to identify and verify the identity of the Customer and any ultimate beneficial owner.
3. Therefore, the User is obliged to complete and send the KYC Form provided by Germania Mint Invest after Account registration. In particular, the User must provide Personal Data necessary for identification and identity confirmation, and send all required documents indicated in the KYC Form.
4. Inability to apply any financial security measures specified in AML is tantamount to inability to conclude a sales contract.
§ 8. PERSONAL DATA PROTECTION
1. Germania Mint Invest processes Personal Data to the extent necessary to conclude the sales contract, its proper performance, possible amendment or termination, and to settle accounts with the Customer (on the basis of Art. 6(1)(b) GDPR), as well as for applying financial security measures referred to in § 7 of the Regulations (on the basis of Art. 34(4) AML). Processing Personal Data for any other purpose, e.g., direct marketing of own products, is possible only with the Customer's explicit consent.
2. Germania Mint Invest is entitled to disclose Personal Data only to entities authorized under relevant legal provisions, including competent justice authorities and the General Inspector of Financial Information. Germania Mint Invest does not disclose Personal Data to other entities.
3. Detailed information on personal data and privacy protection is contained in the "Privacy Policy" tab.
§ 9. FINAL PROVISIONS
1. In case of justified cause (in particular due to technical and/or legal reasons), Germania Mint Invest reserves the right to unilaterally amend the Regulations provisions.
2. Germania Mint Invest informs Users of changes referred to in point 1 by publishing the uniform text of the Regulations on the Online Store website and sending the uniform text to the email address indicated by the User in the registration form. The Regulations amendment enters into force 7 days from sending to the User.
3. In case of amendment or invalidation by a final court judgment of any Regulations provision, the remaining provisions remain in force and bind Germania Mint Invest and Users.
4. The governing law for sales contracts concluded under the Regulations is Polish law. Any disputes arising from concluding a sales contract under the terms described in the Regulations will be resolved by the court competent for the headquarters of Germania Mint Invest.
5. In matters not regulated in the Regulations, relevant Polish law provisions apply. For avoidance of doubt, none of the Regulations provisions limits the User's rights under applicable law in the territory of RP. In case of such provision, mandatory applicable law provisions apply.
6. Germania Mint Invest is not responsible for blocking emails by postal server administrators to the email address indicated by the Customer, or for deleting and blocking emails by software installed on the Customer's computer.
7. Germania Mint Invest reserves the right to withdraw any Product from its offer.
8. Photos presented on the Online Store website are for illustrative purposes only.
