LAW-Slider

LAW-Slider

TERMS AND CONDITIONS OF Standard in Gold LTD

 

1. General

 

1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all

 

business relationships within the scope of the business relationship between the customer and Standard in Gold LTD in connection with

a)    Contracts for the purchase of coins and goods from Standard in Gold LTD (hereinafter also referred to as the “Purchase Agreement”);

b)    Subscriptions for the regular purchase of coins and goods from Standard in Gold LTD (hereinafter also referred to as “Subscriptions”);

c)    Contracts for the storage of various precious metal investment products of Standard in Gold LTD (hereinafter also referred to as “gold deposit agreement”), which are between Standard in Gold LTD (hereinafter also referred to as “depositor”) and the customer (hereinafter also referred to as “depositor”) called) to be completed; and or

d)    Contracts for the purchase of virtual precious metal coins by the customer in the form of partial payments (hereinafter also referred to as “gold reserve contract”).

 

1.2. These General Terms and Conditions are binding for all business transactions with Standard in Gold LTD within the framework of point 1.1. listed business relationships (in

Hereafter generally referred to as “Contracts”), even if they are not expressly referred to. The general terms and conditions can be viewed, saved and printed out by the customer at any time at www.standardingold.com/agb.

 

1.3. The general provisions of these General Terms and Conditions apply to all items in point 1.1. mentioned contracts. As far as general provisions are concerned, the word “product” is also used to generally describe the respective products of the individual contract types. Provisions that are specifically applicable to one type of contract are summarized in their own subsections.

 

1.4. However, if necessary, there may also be specific contract documents for individual contracts (e.g. gold reserve contract, gold deposit contract). This also includes any selections made by the customer during the ordering process or specifications that are considered agreed upon acceptance of the order by Standard in Gold LTD, are summarized in the order confirmation as a supplementary contractual document and thus take precedence over the General Terms and Conditions.

 

1.5. In the event of contradictions, the following order of precedence applies:

a)    Specific contractual document (1.4.)

b)    Special provision for a specific type of contract in the General Terms and Conditions

c)    Terms and Conditions

 

1.6. The contractual partner for all contracts is Standard in Gold LTD, with its registered office in London and the business address:

Company number 14175220

Commercial register court: London

Registered office address:

20-22 Wenlock Road, London, England, N1 7GU

 

1.7. Customers can only be natural and legal persons who are of legal age and have legal capacity.

 

1.8. Standard in Gold LTD does not act as a numismatic expert. Furthermore, Standard in Gold LTD does not provide investment advice in any way, particularly not with regard to precious metals, nor does it buy back any precious metal, regardless of type or size, from customers.

1.9. If the General Terms and Conditions differentiate between investment products and non-investment products, the following applies:

 

1.9.1. Investment products are all products from Standard in Gold LTD, the price of which depends on the current market price of the precious metal. The prices of investment products change continuously within a day. The investment products include, in particular, virtual coins and gold bars.

 

1.9.2. Non-investment products are all other products offered for sale by Standard in Gold LTD that are not investment products.

 

1.10. All designations contained in these General Terms and Conditions are to be understood as gender-neutral.

 

1.11. Standard in Gold LTD has the right to change the general terms and conditions applicable to the contract with the customer starting at the earliest two months after the conclusion of the contract if:

-  the change serves to implement legal changes or official or judicial requirements that directly affect the business area of ​​Standard in Gold LTD;

- the change concerns necessary technical or system-related innovations that are essential for security reasons to protect the rights of customers, or

- the change concerns an increase or decrease in costs outside the control of Standard in Gold LTD; These cost items must be shown in detail in the notification of the intended change in the form of a comparison (old – new).

The customer will be notified of any changes by email four weeks in advance. The customer can object to an increase within these four weeks, which will be expressly pointed out again in the notification. In the event of an objection, the gold reserve contract is deemed to be automatically terminated on the 15th of the month following receipt of the objection by Standard in Gold LTD, whereby the customer also has the right to terminate the contract with immediate effect. If the customer does not accept the opportunity to object, the new general terms and conditions will apply after four weeks have elapsed. Standard in Gold LTD reserves the right to exercise its ordinary right of termination in the event of revocation.

 

2. Customer Account

 

2.1. In order to conclude a purchase contract via the online shop (also called a dashboard), a gold reserve contract, a gold deposit contract and for the period of any other ongoing ongoing obligation with Standard in Gold LTD, the customer requires a customer account, also known as a wallet, with Standard in Gold LTD, whereby the existence of the customer account is independent of the existence of a continuing obligation. The customer account can only be viewed online. To open the customer account, the following data must be truthfully provided:

- Surname

- Birth date

- Deliverable address

- E-mail address

 

 

2.2. If these data change, they can be changed by the customer directly via the customer account. If the customer fails to disclose changes to the deliverable address, written declarations from Standard in Gold LTD are deemed to have been received if they are sent to the last address provided by the customer to Standard in Gold LTD.

 

2.3. A customer account is exclusively available to the person opening it. It is not possible to have an account for multiple people. As part of the registration process, the customer must freely choose a user name and a suitable password and keep them secret. Standard in Gold LTD cannot be held liable for any damage caused by the password becoming known. When logging in, Standard in Gold LTD can only check whether the combination of username and password is correct and that the password matches the password chosen by the customer. Standard in Gold LTD does not have any further obligation to check. Anyone who logs into the customer account using the customer's access data is considered authorized to make declarations of intent on behalf of the customer.

 

2.4. As part of the registration process, the customer is informed about the processing of data in accordance with Art. 13 GDPR. The latest information in this regard can also be viewed at any time on the Standard in Gold LTD homepage.

 

2.5. Standard in Gold LTD reserves the right, particularly if developments in data protection law make this necessary, to introduce and use additional security measures, such as two-factor authentication (2FA), for access to the customer account at any time. Standard in Gold LTD will inform the customer in good time in this regard.

 

2.6. Standard in Gold LTD expressly reserves the right to accept or reject registration for the customer account by a customer without giving reasons.

2.7. All declarations of intent, such as requests for outsourcing and terminations, from the customer to Standard in Gold LTD must be in writing, whereby an email or a message via the customer account is sufficient. The customer's preferred communication with Standard in Gold LTD regarding the contracts takes place via the customer account. The customer has the opportunity to receive information regarding the contracts and to make certain notifications via the customer account. Inquiries from the customer to Standard in Gold LTD that are not covered by the technical capabilities of the customer account can be made in writing or by email (support@standardingold.com). The Standard in Gold LTD email address can be seen both in the customer account and on the Standard in Gold LTD homepage.

 

2.8. Standard in Gold LTD is entitled to send messages to the customer to the email address stored in the customer account.

 

2.9. In the event of a telephone inquiry from the customer, Standard in Gold LTD reserves the right to answer these inquiries by email.

 

2.10. Declarations by Standard in Gold LTD that only have adverse legal consequences for the consumer, such as the declaration or threat of termination of the contract, must be in writing, whereby an email is sufficient.

 

2.11. Standard in Gold LTD is entitled to block access to the customer account at any time for important reasons, of which Standard in Gold LTD will inform the customer.

 

2.12. Both the customer and Standard in Gold LTD have the right to terminate the customer account at any time, although the customer account cannot be closed as long as a continuing obligation is still active; The customer account can therefore only be closed once all ongoing obligations existing between the customer and Standard in Gold LTD have been completely terminated. Termination of one or all ongoing obligations does not result in automatic termination of the customer account, but rather the customer account must be terminated separately, whereby the termination of the customer account can take place at the same time, but the actual closure of the customer account only takes place when all ongoing obligations have been completely terminated (see the corresponding points).

 

2.13. Standard in Gold LTD is not liable for any damage that could arise from the customer's account being blocked or terminated.

 

3. Money laundering regulations

3.1. Due to legal provisions to prevent money laundering and other legal provisions, it may be necessary for Standard in Gold LTD to identify the customer. Should such identification be necessary, Standard in Gold LTD will inform the customer of this. Identification can be carried out on site at Standard in Gold LTD's business premises by presenting an official photo ID or through an online procedure freely chosen by Standard in Gold LTD (online legitimation within the customer account area), for which Standard in Gold is suitable Gold LTD served by a third party. Standard in Gold LTD is free at any time to restrict or expand the options and, in particular, the requirements of identification in accordance with legal changes.

 

3.2. If there is an obligation to identify yourself in accordance with point

 

3.1. exists, the customer must be clearly identified before the respective contract or transaction is concluded. As a result, Standard in Gold LTD is legally obliged to continuously monitor the business relationship, including a review of the transactions carried out during the course of the business relationship, and to keep the relevant documents, data or information up to date.

 

3.3. The customer is obliged to fully support Standard in Gold LTD in fulfilling its legal obligations and to provide the necessary documents.

 

3.4. In the event of suspected money laundering, or if the customer refuses to provide the required documents, Standard in Gold LTD is obliged to inform the Money Laundering Reporting Office of the Federal Criminal Police Office and to take any necessary steps and measures that require additional or changed legal provisions . Standard in Gold LTD is not liable for any damage that may arise to the customer.

 

4. Offer, order and conclusion of contract

 

4.1. Offers from Standard in Gold LTD are subject to change unless they are expressly stated to be binding.

 

4.2. Contracts can be concluded both online and at Standard's office at Gold LTD, 20-22 Wenlock Road, London, England, N1 7GU. Contracts can be concluded in German or English.

 

4.3. Any time restrictions for online orders can be found on the Standard in Gold LTD homepage. When ordering online, the customer must add the products to the shopping cart. These remain in the shopping cart for 7 days. If the payment does not reach the Standard in Gold LTD account within these 7 days, the order will be deleted. If Standard in Gold LTD receives payment after these 7 days, the payment will not be accepted and will be transferred back. They will then be automatically removed and must be added to the shopping cart again. Before ordering, the customer can correct input errors and make changes in the shopping cart. Before the order is finalized, the customer receives another overview of the order.

 

4.4. By clicking on the “Buy” field or an equivalent field, the customer submits a binding offer to conclude a contract with the corresponding content. Unless a separate contract document is provided for the conclusion of a contract, the contract is concluded upon transmission of the order confirmation by Standard in Gold LTD.

 

4.5. All orders can only be accepted by Standard in Gold LTD within the limits of the available quantities (e.g. limited editions). Standard in Gold LTD reserves the right to reject orders without giving reasons or to accept only a part of the ordered quantity, of which it will inform the customer immediately. The customer will not be entitled to any compensation for any reductions in deliveries due to unavailable quantities.

 

4.6. Maximum order quantities for online orders set by Standard in Gold LTD are per customer. The maximum quantities can be seen in the online shop for the respective product, whereby only products with a maximum value of EUR 9,999 per individual purchase can be ordered.

 

4.7. The conclusion of a gold deposit agreement takes place after the amount to be paid has been received by Standard in Gold LTD and the virtual coins have become the property of the customer.

Identification exclusively via an external wallet (e.g. Metamask) is excluded for customer security.

 

5. Payment Terms

 

5.1. General

 

5.1.1. All payments to Standard in Gold LTD must be made in the currencies listed by Standard in Gold LTD and without any deductions. Any statutory sales tax will be invoiced at the current rate, with all coins being standard in Gold LTD ownership certificates, which represent a specific share of the entire gold holdings of Standard in Gold LTD.

Since investment gold is exempt from VAT, VAT does not apply to gold-backed virtual coins.

 

5.1.2. Payments by the customer are made to the account details stated on the associated order confirmation or invoice or the account details specified in the respective other contract. The payment methods available for all contracts and the associated requirements are, unless an individual contract provides otherwise, visible on the homepage (www.standardingold.com) and in the business premises or can be requested in the business premises.

 

5.1.3. A change of payment method, if permitted, and a change of bank details are only possible in writing or via the customer account. In the period from the beginning of the fifth working day before to the end of the fifth working day after a payment date, it is no longer possible to change the payment method or change the bank details. The customer must ensure that the details of the payment methods are up-to-date during the ongoing contractual relationship and that debits are possible at the specified times where a direct debit system has been set up.

 

5.1.4. Standard in Gold LTD reserves the right to expand and restrict payment methods. Customers are not entitled to a specific payment method.

 

5.1.5. Standard in Gold LTD may use suitable third parties (payment service providers) to process payments, to which the customer hereby gives his express consent.

 

5.1.6. Payments that have not been received in full are considered partial payments and will be credited to the customer's oldest liability, regardless of any other allocation. In this case, the products remain the property of Standard in Gold LTD until full payment has been made.

 

5.1.7. If the customer defaults on payment, Standard in Gold LTD can claim compensation for other damages caused by the customer, in particular the necessary costs of appropriate out-of-court collection and collection measures, provided that these are in an appropriate relationship to the claim being made. In addition, in the event of a delay in payment exceeding six weeks, Standard in Gold LTD is entitled to (i) withdraw from the concluded contract and reverse it or (ii) terminate the concluded long-term obligation by setting a 14-day grace period and with appropriate warning.

 

 

 

5.2. Gold deposit agreement

 

5.2.1. Standard in Gold LTD bears the storage fee that accrues in accordance with the gold deposit agreement from the first storage in the gold deposit completely independently.

 

5.2.2. In order to outsource and terminate the gold deposit, it is necessary to return the virtual coins to Standard in Gold LTD in exchange. Standard in Gold LTD and its partners reserve the right to charge an outsourcing fee for outsourcing.

 

6. Delivery conditions

 

6.1. General

Unless otherwise specified, all prices include suitable packaging, but do not include shipping costs and insurance costs, which vary depending on the location of delivery, value and weight, with shipping by Standard in Gold LTD only up to a value of EUR 9,999, -- is possible. An overview of all countries to which Standard in Gold LTD ships can be found on the homepage at: www.standardingold/service/faqs/liefer/sicherer-versand or can be found in the Standard in Gold shop, 20-22 Wenlock Road, London , England, N1 7GU, although the up-to-dateness of the list cannot be guaranteed and deliveries may be rejected if necessary. Standard in Gold LTD reserves the right to impose further restrictions on delivery options for certain contracts.

 

6.1.1. The expected delivery period from receipt of the order will be announced to the customer before ordering. By placing the order, the customer agrees to the expected delivery period. If Standard in Gold LTD accepts the order, the delivery period is deemed to have been agreed and can then be seen in the order confirmation.

 

6.1.2. In the event of a delay in delivery, Standard in Gold LTD will inform the customer of the expected delay. The customer has the right to withdraw from the contract by setting a reasonable grace period.

 

6.1.3. As part of the ordering process, the customer will be informed of the shipping options. Before placing his order, he must select the desired shipping method. The selected shipping method is deemed to have been agreed upon acceptance of the order and is then sent to the address provided by the customer. Standard in Gold LTD is not liable for incorrect or incomplete addresses unless the data is entered incorrectly or incompletely when it is recorded by Standard in Gold LTD. At the customer's request, delivery can be carried out using a method other than that provided by Standard in Gold LTD (air freight, courier service or comparable means of transport), whereby the order can only be made by the customer himself. If the customer wishes to order the delivery himself, the customer must contact the sales department of Standard in Gold LTD by telephone before ordering and the customer will bear all additional costs incurred for the delivery, including any insurance that must also be ordered by the customer.

 

6.1.4. The risk of loss or damage to the products passes to the customer as soon as the goods are delivered to the customer or to a third party designated by the customer other than the carrier. If the consumer has concluded the transport contract himself without using one of the options suggested by Standard in Gold LTD, the risk is transferred to the carrier upon delivery.

 

 

6.1.5. If the products have not arrived within five months from the day of shipping confirmation, the customer is obliged to immediately inform Standard in Gold LTD in writing so that Standard in Gold LTD can exercise its rights to investigate the transport company.

 

6.1.6. If the customer refuses to receive a shipment or if the shipment is returned to Standard in Gold LTD, for example with the note “not repaired” or “undeliverable,” the customer will be informed of this and also pointed out the following: Costs caused by non-acceptance or an incorrectly reported address will be borne by the customer. A new shipment will only take place after the customer has paid the corresponding additional shipping costs. Furthermore, the customer is in default with his creditors and Standard in Gold LTD is entitled to either deposit the products in court or, after prior warning, to carry out a self-help sale. As soon as the creditor default occurs, the risk with regard to the products affected by the creditor default passes to the customer; Standard in Gold LTD is only liable for intent and gross negligence. In addition, Standard in Gold LTD is entitled to compensation if the customer is at fault.

 

 

6.2. Pick up at the store

 

6.2.1. The customer also has the opportunity to collect his gold (exchanged virtual coins) at the Standard in Gold LTD office or at the office of one of its partners. After full payment, the products are ready for collection; the customer will be informed about the earliest pickup option. In the event of late payment, point 5.1.7 applies.

 

6.2.2. Such products ordered “for collection” will be available for collection by the customer one month after the earliest collection option. This date can be seen on the respective order confirmation. For gold deposit agreements see point

9.2.16. For gold reserve contracts see point 9.3.3.

 

6.2.3. The products can only be picked up during Standard in Gold LTD business hours. In principle, products can only be picked up by the customer in person. If the collection is to be carried out by an authorized representative, the authorized representative will need a power of attorney from the customer, whereby the Standard in Gold LTD template can be used, which will be made available to the customer at any time upon request. To protect the customer and avoid cases of fraud, the power of attorney presented in the case of a gold deposit agreement must be presented in a notarized form and in the original. The authorized person must be able to identify themselves with an official photo ID.

6.2.4. If the customer does not collect the products within one month of the earliest collection opportunity, the customer will be in default of creditors and Standard in Gold LTD is entitled to either deposit the products in court or to carry out a self-help sale. As soon as the creditor default occurs, the risk with regard to the products held by Standard in Gold LTD passes to the customer; Standard in Gold LTD is only liable for intent and gross negligence. In addition, Standard in Gold LTD is entitled to compensation if the customer is at fault.

 

 

7. Liability

 

7.1. General

 

7.1.1. The liability of Standard in Gold LTD towards the customer in the event of slight negligence is excluded, unless it involves personal injury, damage as a result of the breach of a contractual main service obligation, completely atypical damage or damage to items that have been taken over for processing, storage or transport became. In particular, Standard in Gold LTD is not liable for lost profits, a lack of availability of products and incorrect entries in the online shop attributable to the customer.

 

7.1.2. Warranty rights of the customer other than claims for damages are not affected. Standard in Gold LTD shall not be liable under any title whatsoever other than in accordance with the provisions of these Terms and Conditions.

 

7.1.3. Standard in Gold LTD expressly points out the risks of possible fluctuations in the gold price and associated price losses. Standard in Gold LTD has no obligation to provide information that goes beyond the legal information requirements.

 

7.2. Gold deposit agreement

 

7.2.1. Standard in Gold LTD is responsible for any loss or damage to the stored precious metal investment products, unless the loss or damage is due to circumstances that could not be averted through the care of a prudent entrepreneur. Point 7.1 applies to all other damages.

 

 

 

8. Withdrawal according to the Distance and Away Business Act (FAGG)

 

8.1. General

8.1.1. In principle, in accordance with Section 11 FAGG, the customer can withdraw from the contract within 14 days without giving reasons for contracts concluded online (distance sales). The withdrawal period begins on the day on which the customer or a third party named by the customer who does not act as a carrier acquires possession of the product. However, if the customer has not received the information in full in accordance with Section 4 Paragraph 1 Z 8 FAGG, the withdrawal period is extended by 12 months; if this information is subsequently received within the stated twelve-month period, however, 14 days from the time the information was provided.

 

8.1.2. The information regarding the conditions of the customer's respective right of withdrawal, the deadline and the exercise is provided via the attached withdrawal form, which can also be viewed at any time on the Standard in Gold LTD homepage.

 

8.1.3. There is no right of withdrawal for products whose price depends on the development of fluctuations on the financial markets. According to § 18 Paragraph 1 Z 2 FAGG, there is no right of withdrawal for customers in the following cases, which do not represent an exhaustive list, since the distance contract concerns the delivery of goods, the price of which depends on fluctuations on the financial market, to which the standard in Gold LTD has no influence: All gold-backed virtual coins.

 

8.1.4. According to Section 18 Paragraph 1 Z 3 FAGG, there is no right of withdrawal for products that were manufactured according to customer specifications (e.g. medals with engraving).

 

8.2. Gold deposit agreement

 

8.2.1. In the case of a gold deposit agreement concluded online, the customer is entitled to withdraw from the gold deposit agreement within 14 days.

8.2.2. By purchasing gold-covered virtual coins, the conclusion of the gold deposit contract is concluded and the customer expressly requests early provision of services before the withdrawal period expires. The customer hereby acknowledges and expressly agrees that by concluding the gold deposit agreement, the provider's services will be carried out before the withdrawal period of § 11 FAGG expires. This does not entail the loss of the right of withdrawal in accordance with Section 18 FAGG.

 

8.2.3. If the customer exercises the right of withdrawal, Standard in Gold LTD is entitled in accordance with Section 16 FAGG to demand an amount for storage corresponding to the duration of the previous contract fulfillment.

 

8.3. Gold reserve contract

 

8.3.1. By concluding the gold reserve contract, the customer expressly requests early provision of services before the withdrawal period expires. The customer hereby acknowledges and expressly agrees that with the conclusion of the gold reserve contract, the provider's performance of the service takes place or begins before the withdrawal period of § 11 FAGG expires. The customer cannot withdraw from gold purchases made within the withdrawal period of § 11 FAGG.

 

 

 

9. Special provisions for individual contract types

 

9.1. Subscriptions

 

9.1.1. Subscriptions can be taken out for a limited time to an end date, for a limited time until the last coin in a series is released, or for an unlimited period. Standard in Gold LTD reserves the right to limit the number of subscriptions per customer. Subscriptions can be canceled at any time by either party without notice.

 

9.1.2. If a subscription is concluded (series subscription or classic subscription), the customer will receive an offer to conclude a purchase contract on the respective release date of the coin for series and classic subscriptions, which is based on the general rules regarding purchase contracts (see point 4).

 

9.1.3. The customer can accept this offer by promptly transferring the full amount within the payment period specified in the offer. In the event of an incomplete transfer, point 5.1.6 applies. (credited as partial payment). If no payment is made during the payment period, the offer expires without notice, without any further steps being required as per the standard in Gold LTD. The customer then no longer has any legal claims from this offer against Standard in Gold LTD. The unused expiry of the payment deadline has no effect on the existence of the subscription.

 

9.1.4. The product purchased as part of a subscription can, at the customer's discretion, either be sent under the general delivery conditions and costs or picked up at the store (see point 6.2.).

 

9.2. Gold deposit agreements

Storage

 

9.2.1. The depositor can only store precious metal investment products from Standard in Gold LTD (above and hereinafter referred to as “precious metal investment products”) purchased at the same time as storage, which have never left the custody of Standard in Gold LTD, with the warehouse keeper. Standard in Gold LTD has the sole right to determine the precious metal investment products that may be the subject of a gold deposit agreement and may expand or restrict this selection at any time. The one-time storage of a type of precious metal investment product does not create an obligation for Standard in Gold LTD to continue to store such precious metal investment products. The customer has no right to request the storage of certain precious metal investment products. Standard in Gold LTD advises customers if a precious metal investment product cannot be stored.

 

9.2.2. Furthermore, it is a limited stock. Standard in Gold LTD can refuse to store precious metal investment products at any time, even due to a lack of storage space. Customers have no right to conclude a gold deposit agreement or to store additional precious metal investment products.

 

9.2.3. The warehouse keeper stores the precious metal investment products with the care of a prudent entrepreneur in his vault at RHEINGOLD EDELMETALL AG and

Trisuna Lagerhaus AG, which may only be entered by authorized personnel. An inspection of the vault by the depositor or a third party designated by him is not possible due to applicable official security regulations. Standard in Gold LTD notes that the inventory of the vault is checked by an independent auditor as part of the annual financial statements. As part of this review, the auditor also checks the completeness of the customers' precious metal investment products stored at Standard in Gold LTD based on gold deposit agreements. The auditor creates a separate confirmation of the completeness of the collection warehouse regarding gold deposit agreements, which can be accessed by the customer in the customer account. The customer has no right to see the inspection report of the entire inventory of the vault or to request a separate inspection.

 

9.2.4. Storage does not result in a transfer of ownership in favor of Standard in Gold LTD. The depositor expressly agrees to collective storage by the warehouse keeper, which means that the warehouse keeper is entitled to mix the depositor's precious metal investment products with other precious metal investment products from other customers. It is noted that this creates co-ownership of the customers with regard to the stored precious metal products. The warehouse keeper may at any time deliver precious metal investment products to which he is entitled to a depositor without requiring the approval of the other depositors. No distinction is made within the respective precious metal investment products, especially not based on vintage. The customer is only entitled to the return of the respective precious metal investment product defined by type and weight.

 

9.2.5. The stored precious metal investment products are insured against fire, robbery and burglary. The insured value is the replacement value of the goods on the day of the damage, provided it is a trading day, otherwise the next trading day. Beyond this, there is no further insurance claim and the liability provisions in accordance with point 7 apply.

 

9.2.6. The depositor is not entitled to have a warehouse receipt issued within the meaning of Section 424 UGB, but will receive a storage receipt to confirm that the precious metal investment products have been stored.

Each virtual coin of Standard in Gold LTD runs on the in-house blockchain called Gold Smart Chain and is considered a certificate of ownership and allows the holder to exchange it directly for their gold with the warehouse clerk or a partner of Standard in Gold LTD.

Duration of the gold deposit agreement/termination/outsourcing

 

9.2.7. Unless otherwise expressly agreed, the gold deposit agreement is concluded for an indefinite period of time.

 

9.2.8. Ordinary termination of the gold deposit agreement by Standard in Gold LTD is possible at the end of each month subject to a one-month notice period. The customer can terminate the gold deposit agreement at any time via the customer account, provided that no precious metal investment products of the customer are stored or their storage has been requested. The gold deposit agreement will only be terminated when the precious metal investment products are moved out and the gold deposit is completely closed (see below).

9.2.9. In the event of termination by Standard in Gold LTD, the precious metal investment products will remain in effect unless the customer has previously outsourced them in accordance with point 9.2.14. requested, ready for collection from the end of the notice period. Regardless of who terminates the contract, the precious metal investment products must be picked up by the customer within 14 days of the first pickup opportunity.

 

9.2.10. Both contractual parties are entitled to terminate the contractual relationship with immediate effect for good cause. An important reason is, in particular, a violation of the General Terms and Conditions.

 

9.2.11. The gold deposit contract will be terminated automatically if no precious metal investment product has been stored in the gold deposit for a continuous period of twelve months and no fees are outstanding.

 

9.2.12. The contract is not terminated by the death of the depositor. In the event that several legal successors enter into the gold deposit agreement, Standard in Gold LTD will exercise its ordinary right of termination. Standard in Gold LTD will only provide information about the gold deposit agreement to persons who are authorized to do so by law or have a proper power of attorney and will only issue the precious metal products to such a person. Any declarations made by such persons and the issuance of precious metal investment products to such persons apply jointly to all legal successors.

 

9.2.13. In the event of the customer losing the necessary legal capacity, only an adult representative or a person with a power of attorney may represent the customer vis-à-vis the warehouse keeper, whereby these persons must be demonstrably registered in the Austrian Central Representative Directory in order to be able to legally represent them.

 

9.2.14. In addition to the provisions of point 6.2. (Pick-up from the business premises): A storage of the precious metal investment products can be requested via the customer account or at the business premises. Standard in Gold LTD requires at least two working days from the time the application is submitted until the precious metal investment products are made available for collection. As part of an application for outsourcing, the customer is also informed of the possibility of terminating the gold deposit agreement. However, the customer also has the option of allowing the gold deposit agreement to continue without stored precious metal products in order to carry out storage planned in the foreseeable future without concluding a new gold deposit agreement. The customer incurs no costs for continuing the gold deposit agreement without stored products.

9.2.15. The customer will be informed about the earliest pick-up option when applying for outsourcing. The precious metal investment products must then be picked up by the customer within 14 days. The extent of the customer's outsourced precious metal investment products can be seen from the respective removal confirmations issued by the warehouse keeper as part of the outsourcing.

 

9.2.16. Point 6.2.4. (creditor default) also applies in this case with the addition that Standard in Gold LTD is also entitled to a statutory lien on the precious metal investment products in accordance with Section 421 UGB and the associated out-of-court realization in accordance with Sections 466a ff ABGB.

 

9.2.17. Precious metal products can only be shipped to the customer by a transport company approved by Standard in Gold LTD, whereby the customer is responsible for commissioning the approved transport company. The costs for delivery are borne solely by the customer. The customer agrees that the customer's order data, which is necessary for delivery, may be passed on by Standard in Gold LTD to the transport company.

 

9.2.18. Only Standard in Gold LTD has the right to approve transport companies and precious metal dealers and to withdraw their approval again. The one-time approval of a transport company or precious metal dealer does not give rise to any entitlement to further approval, neither for the respective transport company or precious metal dealer nor for the customer. Standard in Gold LTD is at no time obliged to authorize at least one transport company or precious metal dealer. If no transport company or precious metal dealer is approved, shipping by transport company or sale is not possible. In this case, the precious metal investment products can only be picked up (see above). The approved transport companies and precious metal dealers can be found on the Standard in Gold LTD homepage, although there is no guarantee that the list is up to date.

 

 

9.2.19. A sale back to Standard in Gold LTD is not possible. If the customer wishes to sell all or individual precious metal investment products to a precious metal dealer approved by Standard in Gold LTD, Standard in Gold LTD will send a current list of those precious metal investment products stored by the customer to the approved precious metal dealer in order to prepare an offer. The customer must give his separate consent for the transmission of the data. If a sale takes place, the transport of the precious metal investment product must be organized by the dealer and coordinated with the Standard in Gold LTD. Standard in Gold LTD is in no way responsible for the precious metal dealer's offer and sale.

 

9.2.20. The termination of the gold deposit agreement and a complete outsourcing of the precious metal investment products have no effect on the existence of the customer account.

 

9.2.21. The gold deposit will only be completely closed once the last invoice has been paid after termination and storage (see point 9.2.14.). A new gold deposit agreement can only be concluded after the previous gold deposit has been completely closed.

 

9.3. Gold reserve contract

 

9.3.1. Unless otherwise expressly agreed, the gold reserve contract is concluded for an indefinite period of time.

 

9.3.2. An ordinary termination of the gold reserve contract by Standard in Gold LTD is possible subject to a notice period of up to the second trading day in Vienna and London after the 15th of the month following delivery of the termination. The customer can terminate the gold reserve contract at any time via the customer account.

 

9.3.3. In the event of termination, the customer has his choice

 

9.3.3.1. Right to payment of the equivalent value of his gold holdings. All terminations of gold reserve contracts received by Standard in Gold LTD by the 15th of a month will be settled on the second trading day in Vienna and London after the 15th following delivery of the termination at the LBMA reference rate AM published on that day in EUR, which is determined by The London Bullion Market Association, 1-2 Royal Exchange Buildings, Royal Exchange, London, EC3V 3LF, and published at: www.lbma.org.uk/precious-metal-prices. The equivalent value, including any cash balance in the customer account, is due 14 days after the 15th of the month following delivery of the notice of termination and will be transferred to the customer's account to be announced. The customer receives an invoice;

 

9.3.3.2. Right to have the gold holdings delivered in physical gold. The gold will be available for collection by the customer at the earliest on the seventh trading day in Vienna and London after the 15th of the month following delivery of the notice of termination. Such gold intended for delivery will be available for collection one month from the earliest possible date as previously determined. At the same time as the gold is handed over, (1) a handling fee according to the gold reserve contract and (2) the statutory sales tax due on the handover of the gold are due for payment. Points 6.2.3. (collection by customers) and 6.2.4. (creditor default) and 9.2.16. (statutory lien) apply accordingly.

If the customer does not make a choice when giving notice of termination and in the event of termination by Standard in Gold LTD, processing will take place in accordance with point 9.3.3.1.

 

9.3.4. Both contractual parties are entitled to terminate the contractual relationship with immediate effect for good cause. An important reason is, in particular, a violation of the General Terms and Conditions.

 

9.3.5. The contract is not terminated by the death of the customer. In the event that several legal successors enter into the gold reserve contract, Standard in Gold LTD will exercise its ordinary right of termination. Standard in Gold LTD will only provide information about the gold reserve contract to persons who are entitled to do so under the law or have a proper power of attorney and will only pay out credit to such a person. Any declarations made by such persons and payments made to such persons apply jointly to all legal successors.

 

9.3.6. In the event of the customer losing the necessary legal capacity, only an adult representative or a person with a power of attorney may represent the customer towards Standard in Gold LTD, whereby these persons must be demonstrably registered in the Austrian Central Representative Directory in order to be legally able to represent them.

 

 

10. Final provisions

 

10.1. Place of performance is London.

 

10.2. The exclusive place of jurisdiction for all disputes arising from contracts with customers is the relevant court for London, unless this is contrary to legal provisions. For customers with their domicile or habitual abode outside of London, the place of jurisdiction is their domicile, habitual residence or place of employment, provided this is within the country.

 

10.3. English substantive law applies exclusively, excluding any reference norms and the UN Convention on Contracts for the International Sale of Goods, unless the mandatory law of the place of residence would be more favorable for consumers.