Rules - Germania Mint Invest

Regulations of the Online Store b2b.germaniamint.com

§ 1. DEFINITIONS

Germania Mint Invest- Germania Mint Invest Sp. z o. o. with its registered office in Jelenia Góra (58-500), ul. Aleja Wojska Polskiego 21, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, 9th Commercial Division, under KRS number 0000486736, share capital PLN 5,000.00, NIP number: 6112732869, REGON number: 022297193; running the Online Store and being the Administrator of Customers' personal data.
Online shop– online transaction service operated by Germania Mint Invest, operating at:https://b2b.germaniamint.com/pl/, under which Products intended for sale are presented and sales contracts are concluded between Customers and Germania Mint Invest.
Statute– these regulations specifying the scope and conditions of sale of Products by Germania Mint Invest as part of the Online Store.
Product– a product presented on the Online Store website, which is the subject of sale via the Online Store, in accordance with the provisions of the Regulations.
Account– an account created in the registration process 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.
User– legal person or natural person running a business that has an Account in the Online Store.
Client– User with whom a sales contract for the selected Product or Products was concluded in accordance with the Regulations.
Agreement- an agreement for the provision of services by electronic means, the subject of which is to provide the functionality of the Account, in accordance with the principles set out 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.
Personal data– information collected during Account registration, regarding the User as identified or identifiable a natural person, processed by Germania Mint Invest to the extent necessary to establish, amend, properly implement and terminate Product sales contracts, make settlements with the Customer, for the purpose of direct marketing of its own Products, as well as for other purposes, provided that appropriate consents are obtained.
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 ).
AML(Anti Money Laundering) – Act of March 1, 2018 on counteracting money laundering and terrorism financing.
KYC(Know Your Customer)– due diligence procedure that Germania Mint Invest, as an obligated institution within the meaning of AML, must carry out in order to identify its clients and beneficial owners and obtain the information required to establish business relations with the client or conduct an occasional transaction.
KYC form– a form used as part of KYC, enabling the collection of such a set of information about the Customer that allows verifying his identity, assessing his business profile and confirming his credibility.

§ 2. RULES FOR USING THE ONLINE STORE

To use the Online Store it is necessary for the User to have a device allowing access to the Internet with an installed and ready-to-use web browser that supports at least XHTML 1.0, with JavaScript support. It is recommended to use the latest available browser version. The screen resolution should be at least 350 pixels. It is possible to display the Online Store in a lower resolution, but there may be problems with correctly displaying some elements necessary to make a purchase. Additionally, it is recommended to accept the storage of "cookies" in the browser's memory. Failure to accept cookies or disabling them in your browser settings may result in difficulties in using the Website.
To make purchases in the Online Store, it is necessary to create an Account.
Creating and using an Account in the Online Store is voluntary and free of charge.
The User cannot have more than one Account assigned to one e-mail address.
The User is obliged to use the Online Store and the Account in accordance with the law, taking into account intellectual property rights, in particular copyrights of Germania Mint Invest or third parties.
The User is prohibited from providing illegal content via the Account or Online Store.
If the User violates the provisions of the Regulations or the User's actions are considered harmful to the Online Store, Germania Mint Invest has the right to temporarily suspend, block or completely delete the User Account.
As a result of deleting the Account, all User's Personal Data entered under the Account will be irrevocably deleted. Germania Mint Invest reserves the right to retain Personal Data entered by the User under the Account for the purpose of pursuing any claims related to the User's use of the Online Store, making this Personal Data available to competent authorities for purposes related to the implementation of obligations arising from AML and in other legally regulated cases.
Upon deletion of the User Account, the Agreement concluded with that User is terminated.
If the Agreement has been terminated by Germania Mint Invest, the User may not re-register without the prior consent of Germania Mint Invest.

§ 3. CREATING AN ACCOUNT

In order to create an Account, you must register in the Online Store.
Registration involves completing and registering the registration form available on the Online Store website.
A person interested in creating an Account is obliged to provide correct and current Personal Data, e-mail address and password in the registration form.
After completing the registration form, you must accept the content of the Regulations, Privacy Policy and GDPR (by checking the appropriate check-boxes), and then register the form. Deficiencies in the above will make it impossible to complete the registration process.
Additionally, the Client, before approving the registration form in accordance with section 4 above, may be consent to receiving the Newsletter.
Upon sending the registration confirmation, an Agreement is concluded between the User and Germania Mint Invest and an Account is created for the User.Using the Account is only possible after it has been activated by Germania Mint Invest.
7. Using the Account is only possible after it has been activated by Germania Mint Invest.
After receiving information about registering an Account, Germania Mint Invest sends the KYC Form to the e-mail address provided by the User during registration.
Use renters data into the KYC form truthfully and to the best of his knowledge and is fully responsible for it. The completed form is sent back to the e-mail address provided in the correspondence. Germania Mint Invest verifies the KYC forms and, as part of this process, may request additional information from the User and/or submit documents confirming the data indicated in the KYC application. Failure to provide additional information and/or submit documents by the User may result in negative verification of the KYC form.
After the KYC Form is positively verified by the Compliance unit, Germania Mint Invest activates the Account and informs the User about this fact.
The Account contains in particular the User's Personal Data provided by the User in the registration form. In case of a change in Personal Data, the User is obliged to immediately inform the Sales Manager about the need to update them.
The User is not entitled to include Personal Data of third parties or the image of third parties in the registration form without the legally required permission or consent of these persons.
When using Germania Mint Invest services, the User It is prohibited to delete Personal Data from the Account and to provide Personal Data that is incomplete, outdated or false.

§ 4. RULES FOR PLACING ORDERS AND CONCLUDING SALES AGREEMENTS

The presentation of the Products on the Online Store's website does not constitute an offer within the meaning of the provisions of the Civil Code. It should be understood as an invitation to submit offers, in accordance with Article No.71 of the Civil Code.
In order to purchase Products, the User must log in to the Online Store.
An order is placed after the Customer selects the Products to be purchased, fills in all the data necessary to complete the order contained in the order form provided by Germania Mint Invest on the Online Store website and finally confirms the order by selecting "I confirm order".
Placing an order for selected Products by the Customer in accordance with the Regulations constitutes a binding offer to purchase these Products.
Immediately after placing the order, the Customer receives an automatic notification confirming receipt of the order by Germania Mint Invest, and then, in a separate e-mail, a proforma invoice constituting the final confirmation of the order and the basis for payment.
Orders placed on working days between 8:00 a.m. and 4:00 p.m. are converted in accordance with the current exchange rate and metal exchange rate. Orders placed on business days after 4 p.m. and on non-working days will be recalculated at the currency and metal exchange rate at 8 a.m. on the next business day.
The payment deadline for orders is 48 hours from receiving the proforma invoice.
Germania Mint Invest guarantees that the agreed price of the order will be maintained if payment for the ordered Products has been made up to 48 hours from the moment the customer receives the proforma invoice. Payment for the order is understood as the moment when funds are credited to the account kept for Germania Mint Invest in an amount not less than the value of the order indicated in the proforma invoice.
The place of issue of the sale item is the headquarters of Germania Mint Invest in Jelenia Góra at Al. Wojska Polskiego 21.
Collecting the item of sale is possible after payment of the order price, at the seller's office on working days between 8.00 a.m. and 2.30 p.m. By prior arrangement, no later than the day before the planned pickup date.
At the Customer's request, Germania Mint Invest ships based on the shipping labels provided by the Customer.
At the Customer's request, Germania Mint Invest enables delivery of the item of sale to the place indicated by the Customer. Delivery takes place in accordance with DAP rules (Incoterms 2020) at the Customer's expense and risk. The customer can use the additional shipment insurance service. In such a case, Germania Mint Invest, at the Customer's request, sends the insurance conditions to the Customer.
In the event of a Customer's request for delivery of the item of sale, the costs of delivery and possible insurance are borne by the Customer and are calculated individually for each order. Information about the amount of delivery costs is provided on the proforma invoice. Payment of delivery costs is a condition for delivery of the item of sale.
It is allowed to combine several orders paid on time into one shipment. However, this requires prior consultation with a Customer Advisor from the Sales Support Department.
The shipping date is indicated on the product card on the Online Store website.
The shipping date may change for reasons beyond GMI's control. If such a situation occurs, the Customer will be notified immediately.
After the prepayment is credited to your account, Germania Mint Invest confirms to the Customer the expected date of shipment or, in the case of personal collection, agrees with the Customer the date of receipt of the order.

§ 5. ORDER CANCELLATION RULES

Receiving an automatic notification confirming the order constitutes a binding transaction between the Customer and Germania Mint Invest and is the moment of transfer to the Customer of all market risks related to price violations.
The customer has no right to cancel the order and is not entitled to withdraw from the sales contract if the subject of the sales contract 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 the metal exchange rate). ) and at the same time the above-mentioned price fluctuations may occur before the deadline for withdrawal from the contract, i.e. 14 days.
If payment is not made within 48 hours of sending the proforma invoice, the order may be canceled by Germania Mint Invest. Germania Mint Invest reserves the right to restore the order, while updating the prices/prices of the items included in the order.
At the request of the Customer, Germania Mint Invest may agree to cancel the order. All matters relating to the cancellation of Customer Orders are subject to internal regulations regarding the processing of sales and purchase orders and securing metal.
In the event of cancellation of the order, the Customer is obliged to pay a fixed fee of 150 PLN or its equivalent in EUR or USD, converted according to the bank exchange rate on the day of canceling the order.
If any market loss has occurred to the detriment of Germania Mint Invest as a result of the cancellation of your order, this will be added to the fixed order cancellation fee.
By reporting the intention to cancel the order, the customer also agrees to be charged with the costs referred to in § 5, points 5 and 6 and is obliged to pay the fee within 48 hours of receiving the invoice.
Cancellation of the order will only be made upon payment of the market loss charges (if any) and the fixed order cancellation fee.
Only after the fees resulting from the cancellation of the order have been recorded, will Germania Mint Invest refrain from any actions towards the Customer resulting from liability for failure to comply with the terms of the contract.
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 subject of the order. In the event of cancellation of the order, Germania Mint Invest will provide the Customer with a detailed explanation of the reasons for canceling the application, and, at the Customer's request, it will provide evidence of circumstances justifying the adopted position.

§ 6. COMPLAINTS

The customer is obliged to record the process of opening parcels from Germania Mint Invest using means of recording video files.
In the event of non-compliance of the Product with the sales contract, the Customer has the right to Product complaints.
Mint defects and differences in the appearance of the Products ordered and those received, resulting from the difference in the settings of the Customer's monitor parameters, in particular the difference in the colors and shades of precious metals, do not constitute grounds for complaint about the Product due to its non-compliance with the contract.
The Customer is obliged to submit any complaints regarding damage to the package or incorrect quantity of delivered goods immediately, but no later than within3 business days from the date of delivery.
In case of any reservations regarding the quality of the Product, the Customer is obliged to take photos or videos showing the subject of the complaint. Photos or videos should show defects in a way that allows them to be clearly identified.
The Customer submits a complaint by completing the Complaint Form constituting Annex 1 to these Regulations and sending it to the following address:complaint@germaniamint.com. The Customer is obliged to fill out the Complaint Form attach photos/videos showing the subject of the complaint..
The basis for considering a complaint is proof of purchase of the goods (invoice or receipt).
Within a period not exceeding 14 calendar days from the date of receipt of the complete notification, Germania Mint Invest will provide the Customer with e-mail information regarding how the complaint will be considered.
If it is necessary to return the complained Products, the Customer is obliged to place the complaint number in a visible place on the returned parcel.
If the Customer does not provide all required documents, photos/videos within 7 days of submitting the complaint or does not return the complained Products at the request of Germania Mint Invest, the complaint will be canceled.
The costs associated with shipping the complained Product to Germania Mint Invest are borne by the Customer.

§ 7. OBLIGATIONS UNDER THE AML ACT

Germania Mint Invest, as an obligated institution within the meaning of AML, is obliged to recognize and assess the risk of money laundering and terrorism financing related to economic relations concluded with clients or occasional transactions carried out by them, as well as to apply financial security measures to its clients.
As part of the application of financial security measures, Germania Mint Invest's obligation is, in particular, to identify and verify the identity of the Client and the possible actual beneficiary.
Bearing the above in mind, the User is obliged to complete and send the KYC Form provided by Germania Mint Invest after registering the Account. In particular, the User is obliged to provide Personal Data necessary to identify and confirm identity, as well as to send all required documents indicated in the KYC Form.
The inability to apply any of the financial security measures indicated in the AML is tantamount to the inability to conclude a sales contract.

§ 8. PERSONAL DATA PROTECTION

Germania Mint Invest processes Personal Data to the extent necessary to conclude a sales contract, its proper implementation, possible change or termination and to making settlements with the Customer (pursuant to Article 6(1)(b) of the GDPR), as well as for the purposes of applying financial security measures referred to in point 6 of the Regulations (pursuant to Article 34(4) of the AML). Processing of Personal Data for any other purpose, e.g. for direct marketing of own products, is only possible with the express consent of the Customer.
Germania Mint Invest is entitled to share Personal Data only with entities authorized under the applicable legal provisions, including the competent judicial authorities and the Inspector General for Financial Information. Germania Mint Invest does not share Personal Data with other entities.
Detailed information regarding personal data and privacy protection is included in the "Privacy Policy" .

§ 9. FINAL PROVISIONS

In the event of a justified reason (in particular due to technical and/or legal reasons), Germania Mint Invest reserves the right to unilaterally change the provisions of the Regulations.
Germania Mint Invest informs Users about the changes referred to in paragraph 1 by publishing the uniform text of the Regulations on the Online Store website and sending the consolidated text of the Regulations to the Users to the e-mail address provided by the User in the registration form. The change to the Regulations comes into force within 7 days of sending the Regulations to the User.
If any of the provisions of the Regulations are changed or invalidated as a result of a final court decision, the remaining provisions remain in force and are binding on Germania Mint Invest and the Users.
The law applicable to sales contracts concluded under the Regulations is Polish law. Any disputes arising from the conclusion of a sales contract on the terms described in the Regulations will be resolved by the court competent for the registered office of Germania Mint Invest.
In matters not regulated in the Regulations, the relevant provisions of Polish law shall apply. For the avoidance of doubt, it is assumed that none of the provisions of the Regulations limit the User's rights under the provisions of law in force in the territory of the Republic of Poland. If it is found that there is a provision of this nature, the provisions of applicable law shall apply.
Germania Mint Invest is not responsible for mail server administrators blocking sending messages to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.
Germania Mint Invest reserves the right to withdraw any Goods from its offer.
The photos presented on the Online Store website are for illustration purposes only.

Annex No. 1 - Complaint form

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