Terms and Conditions

Download as PDF Cancellation policy

General Terms and Conditions Contents

§ 1 Scope and contractual partners

§ 2 Conclusion of Contract

§ 3 Prices, shipping methods, ancillary costs

§ 4 Payment, retention of title and consequences of non-payment

§ 5 Delivery and Transfer of Risk

§ 6 Defects and liability for damages

§ 7 Information requirements in the case of transport damage

§ 8 identification requirements under money laundering law

§ 9 Choice of Law and Jurisdiction

§ 10 Final provisions

§ 1 Scope and contractual partners

These General Terms and Conditions (GTC) apply to all purchase contracts that are concluded between you as the customer (whether in the capacity of a consumer or a trader) and us as the operator of StoneX Bullion or otherwise by way of distance selling and e-commerce. During the ordering process you accept the GTC in effect at the date of delivery of the order.

A consumer in the sense of the legal definition (§ 13 BGB) is any natural person who enters into a legal transaction for a purpose which cannot be attributed either to a commercial activity or to an independent professional activity of theirs.

The operator of StoneX Bullion and your contractual partner is:

coininvest GmbH
Taunustor 1
60310 Frankfurt am Main

entered in the commercial register of the Local Court of Frankfurt under registration number HRB 98020, represented by its managing directors, each with sole signing authority, Torsten Hörnis, Daniel Marburger, Ramon Jesus Martul-Franco, Philip Smith

VAT number: DE 292730558

E-mail: customercare@stonexbullion.com

In their legally relevant version, these GTC govern the details of the purchase contract and at the same time also contain important customer information. Via Links to StoneX Bullion, you are able to access these GTC and can then save them on your computer and / or print them out. Nevertheless, these GTC will be sent to you in text form at the time of contractual conclusion, and in any case no later than together with the goods ordered.

A right to cancel exists in the case of products, the prices of which are not subject to fluctuations in the financial market. You must exercise your right to cancel in writing within fourteen days, whereby you may do so without giving reasons. For details, please see our cancellation policy.

Our product presentation on StoneX Bullion includes goods (precious metals), the price of which is subject to fluctuations in the financial market and over which we have no control, and which may occur at short notice. For this reason and on the basis of a statutory exemption (BGB § 312g para. 2 no. 8), with these products consumers have no right to cancel, even in the case of distance contracts. Your order will therefore be binding immediately upon receipt by us and cannot be cancelled by you.

§ 2 Conclusion of Contract

Our sales presentation on StoneX Bullion.com does not constitute a binding offer within the meaning of § 145 BGB (German Civil Code); it is merely an invitation directed at you as the customer (invitatio ad offerendum) to make an offer on the stipulated product(s) of interest.

Once you submit an order by clicking on the "Place My Order Now" button, you submit a binding offer. Prior to this, you can view and change your order at any time by clicking on the "View Cart" button. In the event that we accept this offer, we will send you by e-mail an order confirmation, providing a detailed breakdown of the owed invoice amount.

This order confirmation will be sent promptly and, in any case, no later than 48 hours after receipt of the order.

Once we have received the invoice amount you will receive a payment confirmation.

We will arrange for the delivery of the goods according to the shipping method of your choice (shipping or pick-up). You will receive an e-mail confirming dispatch and providing a tracking number related to the transportation service selected.

The Terms of Payment are regulated in §4.

We have the right to cancel our order confirmation if our internet presentation and/or order confirmation inadvertently contain errors or omissions, which work to our practical disadvantage in relation to the contract (e.g. unintentional deviations from the prevailing market price, in particular, due to data processing errors). In this case, we will declare our cancellation within one week of discovering the error and we will immediately refund you any purchase price that may have been paid, including transaction costs. This shall not affect our statutory rights, in particular the right to void the contract due to error.

The proper language of the contract is German. The text of the contract (consisting of the order confirmation together with the general terms and conditions, order confirmation and payment confirmation) will be saved by us in conformity with data protection laws and will be sent to you by e-mail (see above paragraph (1)).

§ 3 Prices, shipping methods, ancillary costs

The final prices described on StoneX Bullion of all products except gold include VAT and all other price components for the European Union. Export shipments are shown without VAT and import duties might be due when importing into a non-EU country. They are denominated in EURO, USD, PLN and GBP and do not include the following ancillary costs.

We ship worldwide, on the terms and subject to the costs stated on StoneX Bullion under the heading "Shipping costs and Delivery Times". If you require shipping to a country that is not listed under "Shipping costs and delivery times", please contact customer service (customercare@stonexbullion.com, Tel. +49-69-348-77570) for an estimate of the cost. Currently, there is an option for insured delivery by a transport company (delivery service or courier) to a specified delivery address as well as personal pick-up at our office (self-collection).

Shipping fees are calculated and are payable per order; whereby consolidated dispatch of multiple orders as a single unit is not possible for technical reasons. The details of delivery are governed by §. 5 Country-specific shipping costs can be viewed via this link: Shipping Costs and Delivery Times.If you require shipping to a country that is not listed under "Shipping Costs and Delivery Times", please contact customer service (customercare@stonexbullion.com, Tel. +44-20-369-50335) for an estimate of the cost.

§ 4 Payment, retention of title and consequences of non-payment

The purchase price and any ancillary costs (invoice amount) must always be paid in advance. We offer bank transfer and credit card as payment options.

The invoice amount is due for immediate payment and must reach our account no later than three days following the dispatch of the order confirmation, otherwise, we are entitled - even without a prior period of grace - to withdraw from the contract (fixed transaction).

If you do not comply with your payment obligation, we will charge a flat rate of EURO 50 per unpaid invoice for the resulting internal administrative expenses. The collection of unpaid payments is passed on to a collection agency and you will be charged the resulting actual costs incurred. If we exercise our right of withdrawal, we will deduct any loss of precious metal prices (calculated as the difference in price between the precious metal prices at the time of submitting your purchase offer and the precious metal prices at the time of withdrawal from the contract). In addition, we will charge you the cost of hedging related to your order.

By accepting our terms and conditions, you expressly agree to pay the full amount of the non-payment charges (lump sum for internal administration, external collection costs, cost of hedging related to your order and eventual losses of precious metals).

Until full payment of the respective invoice amount of a particular delivery, we retain title to the delivered goods in any case.

§ 5 Delivery and Transfer of Risk

Delivery will be made to the shipping address that you’ve entered in your StoneX Bullion.com customer account profile or a UPS Access Point ® that you have selected. We reserve the right to change delivery to a UPS Access Point ® on your behalf for security reasons.

Delivery is performed through the handing over of the goods to any person found present and ready to acknowledge receipt at the delivery address. The transport service providers commissioned with the delivery of the goods reserve the right to request the presentation of a valid officially recognised photo ID when handing over of the goods.

Delivery to a PO box, to a packing station or similar, is not possible.

Delivery will be made during common delivery times (Monday to Friday, 7:30 hrs to 18:30 hrs). If the transport service provider does not encounter you on his first delivery attempt, he will make another delivery attempt. Should the delivery of the goods fail for reasons beyond our control, we have the right to withdraw from the contract and to refund the payment received from you, reduced by the correlating shipping costs. Our statutory rights, in particular to reimbursement of additional expenses, remain unaffected. 

Your order gets dispatched on the day of receipt of your payment. The actual delivery time will depend on the individual delivery address, ranging from one to three business days for most destinations in Europe. While StoneX Bullion.com holds inventory for most of its products offered allowing for immediate dispatch, some items incur extended delivery times. These extended delivery times are specified in the online-shops item descriptions. Orders affected by the selection of items that incur extended delivery times will get dispatched immediately after those items become available; no partial shipments will be made.

If we are unable to dispatch an order for reasons beyond our control (e.g. due to delays in delivery by a mint or force majeure), we will inform you immediately, specifying a new expected dispatch date. If the goods ordered continue to be not available by that updated dispatch date, both contracting parties are entitled to withdraw from the contract in consideration of the goods concerned; in this case, we will refund your payment immediately. The legal rights of both contracting parties remain unaffected by this. 

If you are a CONSUMER (private customer), the risk of accidental loss and/or accidental deterioration of the goods shall not transfer to you before the goods have been delivered to you or the person found at the delivery address provided in your StoneX Bullion.com customer account. 

If you are a BUSINESS CUSTOMER (corporate and commercial client), the risk of accidental loss and/or accidental deterioration of the goods passes to you when the goods are handed over to you or, in the case of a sale to the destination, when they are handed over to the forwarding agent, the parcel service provider, the carrier or any other person designated to carry out the shipment.

§ 6 Defects and liability for damages

Our liability for defects and damages shall be governed by the statutory provisions unless otherwise specified.

For contracts with commercial companies or businesspersons, the general prescription period (§438 Abs. 1 Nr. 3 BGB) is one year after delivery, unless we are liable for damages under paragraph 3 hereafter.

In cases of breach of duty - regardless of the legal reason therefor - we are liable for intent and gross negligence within the framework of our liability for damages. In cases of ordinary negligence, we shall only be liable in the following cases:

for losses resulting from injury to life, limb or health and

for losses arising from breach of an essential contractual duty (an obligation, the fulfilment of which enables the correct performance of the contract and on whose compliance the contractual partner normally relies and may rely); whereby in this case, our liability shall be limited to compensation for foreseeable, typically occurring prejudice.

The foregoing limitations of liability also apply to breaches of duty by individuals for whose negligence we are liable under statutory provisions.

Claims under the Product Liability Act remain unaffected in all cases.

§ 7 Information requirements in the case of transport damage

If goods are delivered with obvious damage to the packaging or the content thereof, then without prejudice to their warranty rights (§ 6), customers must submit a complaint to the freight forwarder / carrier immediately by e-mail or get in touch in some other manner (fax / post) with the seller, so that any associated rights as exist against the shipper / carrier can be preserved.

§ 8 Identification requirements under money laundering law

If we are required under the Money Laundering Act (AMLA) to identify the customer and any possible beneficial owner, you as our contractual partner are subject to a legal obligation to cooperate with us; whereby, in particular, you must provide us with the information and documentation needed for identification purposes and must also notify us of any changes that may occur in the course of the business relationship.

Specifically, in respect of the above statutory duties, whenever we accept cash to the value of EUR 10,000.00 or more, our company has a particular duty to identify each customer and any possible beneficial owner. For this purpose, you must supply and disclose to us with the personal information needed for identification purposes, if you wish to create, continue or to carry out the business relationship or a particular transaction either for yourself or for a beneficial owner.

This identification is usually accomplished by presentation of an identity card or passport in the original. If the customer is a legal person or a partnership, you will need an extract from either the Commercial Register or the register of associations or from a comparable official register or directory, and if necessary, further or additional appropriate documents, such as, in the case of a civil law partnership, the current partnership agreement. Furthermore, as the customer, you must at the very least provide the name of any beneficial owner as well as their identity, as described above. We shall have the right to produce a copy of the documents submitted for the purpose of the identity check, which we shall retain in accordance with the relevant statutory provisions.

§ 9 Choice of Law and Jurisdiction

This contract shall be governed by the law of the Federal Republic of Germany, with the exclusion of material uniform law and in particular that of the CISG pertaining to the international sale of goods. The statutory provisions governing the applicabilty of mandatory consumer protection legislation remain unaffected.

Court jurisdiction is governed by statutory provisions, if the purchaser is a consumer. If the purchaser is a merchant, legal entity under public law or a special fund under public law, the exclusive - and international - place of jurisdiction for all disputes arising directly or from the contractual relationship is that of the location of our head office in Frankfurt am Main, Germany. The same applies if the purchaser is any other type of commercial operator. Nevertheless, in all cases we still have the right to bring an action at the place of performance of the delivery obligations pursuant to Section § 5 or any priority individual agreement or at the general place of jurisdiction of the purchaser.

§ 10 Final Provisions

If any provision of this agreement is legally ineffective, this shall not render the entire contract ineffective. Rather, the ineffective provision shall be replaced by a relevant and effective provision corresponding to its economic purpose. The same applies to any gaps in this contract.

We reserve the right to change these General Terms and Conditions in respect of future business. This provision shall not cover, however, unreasonable changes, in particular those pertaining to key contractual components, such as the main services owed, which would themselves form the subject of an amending contract.

Download as PDF Cancellation policy