1 Scope and Contracting Parties
These general terms and conditions apply to all sales contracts concluded between you as a customer (consumer or merchant) and us as Silver & Gold Patrimony S.L. on our website www.Invermoneda.com or otherwise by means of distance selling or electronic commerce. As part of the ordering process, you agree to be bound by the terms and conditions in force at the time of delivery of the order.
Consumers, as defined by law, are natural or legal persons who are engaged in an activity other than trade, business or profession. Gold Patrimony S.L. and its contractual partners:
Silver & Gold Patrimony
Calle Alameda de Colón 26, 1º 2
Inscribed in the Mercantile Registry of Malaga, inscription number 1, Volume 5767, Folio 43, Section, Page MA-147097. Represented by Mr. Fco. Javier López Milán, authorised to represent individuals.
Tax identification number: B-93639912
The General Terms and Conditions regulate the details of the purchase contract and at the same time contain important information for customers in the legally binding version. Via links on Invermoneda.es you can access the general terms and conditions, save them on your computer and/or print them when placing an order. However, we will also send you the General Terms and Conditions as text together with the goods at the latest upon conclusion of the contract.
A right of withdrawal exists for products whose prices are not subject to fluctuations in the financial market, which the entrepreneur cannot control and which may occur during the withdrawal period. You may exercise your right of withdrawal within fourteen calendar days of the date on which you or a third party other than the carrier designated by you have taken material possession of the goods. You will find further information in our payment instructions.
The Spanish regulations are Art. 97.1.I) LGDCU, 103 LGDCU y Art. 98.7 a) LGDCU.
2 Conclusion of the contract
Our sales presentation on Invermoneda.com is not a binding contract offer, but should be understood as an invitation to submit an offer to you as a customer (invitatio ad offerendum). By sending an order by clicking on the button "Order with payment obligation" you submit a binding contractual offer. You can view and change your order at any time in advance by clicking on the "Shopping Cart" button. If you accept this offer, we will send you an order confirmation by e-mail. The order confirmation will be sent immediately, but no later than 48 hours after receipt of the order.
As soon as we have received the invoice amount, we will ship the goods according to the shipping method you have chosen (shipping or pickup). Together with the confirmation of receipt of payment, you will receive a further confirmation by e-mail (confirmation of receipt of payment).
We are entitled to revoke our order confirmation if our Internet presence and/or our order confirmation erroneously contains errors or imperfections that adversely affect the contents of the contract (e.g. involuntary deviations from the current market price, in particular due to improper data processing). In this case, we will declare the revocation within one week after detection of the error (e.g. by e-mail) and immediately refund any purchase price already paid including any ancillary costs. In addition, our statutory rights remain unaffected, in particular in the event that the contract is contested due to error.
The contract is concluded in Spanish. We store the contract text (consisting of order confirmation with general trading conditions, order confirmation and if necessary payment confirmation) data protection-legally and send it to you by E-Mail.
3 Prices, shipping methods, additional costs
The final prices of all Invermoneda.com products, with the exception of gold, include VAT and all other price components. They are quoted in EURO, USD and GBP plus the charges listed below.
We deliver worldwide according to the conditions and costs stated in Invermoneda.es under the heading "Shipping costs and delivery times". If you wish to ship to a country not listed under "Shipping & Returns", please contact our Customer Service (email@example.com, Tel. +34 951.081.376) for a quote. At present there is the possibility of secure delivery by a transport company (shipping service provider or value courier) to a delivery address specified by you and personal collection in our offices (own collection).
Shipping costs are calculated and must be paid for each order; for technical reasons, it is not possible to ship multiple orders together as a unit. Details of delivery are set out in Section 5: Under the link Shipping costs and delivery times you will find the country-specific shipping costs. If you wish to ship to a country that is not listed under "Shipping & Returns", please contact our customer service at firstname.lastname@example.org, tel. +34 951.081.376) for a quote.
4 Payment and retention of title
The payment of the purchase price and the ancillary costs (invoice amount) shall be made exclusively against advance payment. We offer payment options by bank transfer, instant bank transfer and credit card.
The invoice amount is to be paid immediately by bank transfer and credited to our account at the latest 3 days after dispatch of the order confirmation; otherwise we are entitled to withdraw from the contract, even without prior setting of a grace period (fixed transaction). The assertion of other or further statutory claims, in particular payment of the purchase price, default interest and/or damages, shall remain unaffected. In the event of late payment or non-payment, we shall be entitled to compensation, at least for the price change for the goods on the financial market that has occurred in the meantime.
Until full payment of the respective invoice amount for a delivery has been received, we reserve title to the delivered goods in all cases.
5 Delivery and transfer of risk
Delivery will be made to the delivery address specified in your Invermoneda.es customer account profile or a MRW® Access Point of your choice.
The dispatch of each order ends with the delivery of the goods to a present person who is willing to confirm receipt at the delivery address. The transport services responsible for the delivery of the goods reserve the right to request the presentation of an official and valid photo ID at the time of delivery of the goods.
It is not possible to deliver to a mailbox, Packstation or similar.
Delivery takes place within the usual delivery times (Monday to Friday, 7:30 to 18:30). If the carrier does not find you at your first delivery attempt, he will make another delivery attempt. In the event of non-delivery of the goods for reasons beyond our control, we are entitled to withdraw from the contract and refund the payment you have received less the corresponding shipping costs. Our statutory rights, in particular the reimbursement of additional costs, remain unaffected.
Your order will be shipped on the day your payment is received. The actual delivery time depends on the individual delivery address, which is between one and three business days for most destinations in Europe. While Invermoneda.es keeps stock for most of the products it offers, allowing immediate shipping, some items have longer delivery times. These longer delivery times are indicated in the item descriptions of the online shop. Orders affected by the selection of items associated with extended delivery times will be shipped immediately upon availability of these items; partial deliveries will not be made.
If we cannot dispatch an order for reasons for which we are not responsible (e.g. due to delays in delivery of the coin or the manufacturer or due to force majeure), we will inform you immediately stating a new planned delivery date. If the ordered goods are not yet available on this updated delivery date, both parties to the contract have the right to withdraw from the contract, taking into account the goods in question; in this case we will refund your payment immediately. The statutory rights of both contracting parties shall remain unaffected.
If you are a consumer (private customer), you do not assume the risk of accidental loss or deterioration of the goods until the goods have been delivered to you or the person to the delivery address indicated in your Invermoneda.com account.
If you are an entrepreneur (company and commercial customer), the risk of accidental loss and/or accidental deterioration of the goods shall pass to you upon delivery of the goods or, in the case of sale to destination, upon delivery to the carrier, parcel service, carrier or other person designated to carry out the shipment.
6 Liability for defects and damages
Our liability for defects and damages shall be governed by the statutory provisions unless otherwise specified below.
In the case of commercial contracts, the general limitation period for claims based on defects (§ 1490 BGB) is 6 months in order to file an action for the elimination of hidden defects in the sold item from the delivery.
In the event of a breach of duty - for whatever legal reason - we shall be liable for intent and gross negligence within the scope of our liability for damages. In the case of simple negligence, we shall only be liable in the following cases:
for damages resulting from injury to life, limb or health and for damages resulting from the breach of an essential contractual obligation (an obligation the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner regularly relies on and can rely on); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
The above limitations of liability shall also apply to breaches of duty by persons for whose fault we are liable in accordance with the statutory provisions.
In all cases, the claims under the Product Liability Act shall remain unaffected.
7 Obligation to provide information in the event of damage in transit
If goods are delivered with obvious damage to the packaging or the contents, the customer shall, without prejudice to his warranty claims under paragraph 6, assert this immediately against the carrier/freight service and immediately contact the seller by e-mail or other means (fax/mail) so that the seller can secure any claims against the carrier/freight service.
8 Identification obligations under the Anti-Money Laundering Act
Insofar as we are obliged under the Money Laundering Act (SEPBLAC) to identify the customer and a potential economic beneficiary, you as our contractual partner are legally obliged to cooperate, in particular you must provide us with the information and documents necessary for identification and immediately report any changes that occur in the course of the business relationship.
Due to the aforementioned legal obligations, in particular when receiving cash in the amount of EUR 10,000 or more, our company is obliged to identify the respective customer and a possible economic beneficiary. To do this, you must provide the necessary personal data and state whether you wish to establish, continue or carry out the business relationship or transaction for yourself or a beneficial owner.
The identity check is usually carried out by presenting the original identity card or passport. If the customer is a legal entity or a partnership, he must submit an extract from the commercial register or the register of cooperatives or a comparable official register as well as any other suitable documents, e.g. a partnership under civil law, the current articles of association. In addition, as a customer you must at least state the name of a potential economic beneficiary and prove to us his identity as described above. We are entitled to make a copy of the documents submitted for identification, which we keep in accordance with the statutory provisions.
9 Applicable law and place of jurisdiction
The contractual relationship shall be governed by Spanish law to the exclusion of uniform substantive law, in particular the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the validity of mandatory consumer protection law shall remain unaffected.
For the jurisdiction the legal regulations are valid, if the buyer is a consumer. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive and international place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office in Malaga, Spain. The same applies if the buyer is another entrepreneur. In any case, however, we are entitled to sue at the place of performance of the delivery obligation pursuant to paragraph 5 or on the basis of a preferential individual agreement or at the general place of jurisdiction of the buyer.
10 Final provisions
Should any provision of this contract be legally invalid, this shall not invalidate the entire contract. On the other hand, the invalid provision shall be replaced by a valid provision which corresponds to its economic purpose. The same applies to any loopholes in this contract.
We reserve the right to adapt these General Terms and Conditions for future transactions. This shall not apply to inadmissible changes, in particular to essential contractual components such as the main services owed, which would be the subject of an amendment contract.