General terms and conditions

1. General Provisions and Scope

1.1 These General Terms and Conditions (hereinafter "T&C") apply to all business relationships between Life-Coaching-Finance, proprietor Jürgen A. Kettner e.K., Schönbühlstraße, 78052 Villingen-Schwenningen (hereinafter "Kettner-Edelmetalle") and its customers (customer and Kettner-Edelmetalle hereinafter each individually also a "Party" and collectively the "Parties"), regardless of whether the customer is a consumer, entrepreneur, legal entity under public law or a special fund under public law. A "Consumer" is any natural person who enters into the contract for a purpose that can be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB); an "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 (1) BGB).

1.2 These T&C apply in particular to contracts for the sale and/or delivery of movable goods ("Goods"), regardless of whether Kettner-Edelmetalle manufactures the Goods itself or purchases them from suppliers (§§ 433, 650 BGB).

1.3 The T&C apply in the version valid at the time of the customer's order. For entrepreneurs, legal entities under public law or special funds under public law, the version of the T&C last communicated to the customer in text form shall in any case apply as a framework agreement for similar future contracts, without Kettner-Edelmetalle having to refer to the applicability of these T&C in each individual case.

1.4 These T&C apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that Kettner-Edelmetalle has expressly consented to their applicability at least in text form (e.g. email). This consent requirement applies in every case, e.g. also if Kettner-Edelmetalle carries out delivery to the customer without reservation while being aware of the customer's general terms and conditions.

1.5 Individual agreements made with the customer in individual cases (including side agreements, supplements and amendments) shall take precedence over these T&C. Subject to proof to the contrary, a contract between the Parties or confirmation by Kettner-Edelmetalle at least in text form (e.g. email) shall be authoritative for the content of such agreements.

1.6 Legally relevant declarations and notices by the customer in relation to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made at least in text form (e.g. email). Statutory form requirements and further evidence, in particular in cases of doubt regarding the legitimacy of the declarant, remain unaffected.

1.7 References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these T&C.

1.8 Alcoholic beverages are sold exclusively to customers aged 16 or older.

2. Conclusion of Contract

2.1 Offers by Kettner-Edelmetalle are — unless otherwise stated — always non-binding and without obligation. This also applies if Kettner-Edelmetalle has provided the customer with catalogues, calculations, costings or other product descriptions or documents — including in electronic form.

2.2 The order of Goods by the customer constitutes a binding offer by the customer to conclude a contract. The customer may place orders by telephone or via the Kettner-Edelmetalle online shop at https://www.kettner-edelmetalle.de (hereinafter the "Online Shop").

2.3 For telephone orders, the customer's order is manually entered by Kettner-Edelmetalle into the Kettner-Edelmetalle system as if the customer had placed the order online themselves.

2.4 The following applies to orders placed in the Online Shop:

2.4.1 The display of Goods in the Online Shop does not constitute a legally binding offer. It merely constitutes an invitation to the customer to submit a binding offer to purchase Goods.

2.4.2 The customer may select Goods from the Kettner-Edelmetalle range for purchase in the Online Shop by placing products into their virtual shopping cart by clicking the corresponding button. In the shopping cart, the customer may, in particular, adjust the quantities of Goods and remove Goods from the shopping cart.

2.4.3 The customer may complete an order by opening the shopping cart and initiating the ordering process via the "Proceed to Checkout" button. During the ordering process, the customer provides, in particular, delivery and payment details and may correct these.

2.4.4 The customer submits a binding offer to purchase the Goods in their shopping cart by clicking the "Complete Purchase" button in the last step of the ordering process ("Order"). By placing the Order, the customer agrees to the applicability of these T&C.

2.4.5 Before placing an Order, the customer may correct their entries and any input errors (e.g. regarding payment method, delivery address or desired quantity) at any time. The customer may cancel the ordering process entirely by closing their browser window.

2.4.6 Before placing the Order, the customer may view these T&C and the cancellation policy of Kettner-Edelmetalle by clicking the corresponding link. The links are located above the "Complete Purchase" button. The customer has the option of saving these T&C and the cancellation policy using the save function of their internet browser or printing them using the print function.

2.4.7 Immediately after placing the Order, the customer receives an email confirming receipt of their Order by Kettner-Edelmetalle. This acknowledgement of receipt does not yet constitute acceptance of the Order.

2.5 A contract between the customer and Kettner-Edelmetalle is concluded — both for telephone orders and orders via the Online Shop — only when Kettner-Edelmetalle explicitly accepts the customer's Order by order confirmation or dispatch confirmation in text form or by dispatching the Goods to the customer.

2.6 Unless the Order provides otherwise, Kettner-Edelmetalle is entitled to accept the customer's Order within five (5) business days of receipt of the Order. "Business days" within the meaning of these T&C are all days from Monday to Friday, excluding public holidays at the registered office of Kettner-Edelmetalle.

2.7 The contract is concluded exclusively in the German language. The contract text is not stored by Kettner-Edelmetalle after the conclusion of the contract.

2.8 Communication with the customer in the course of concluding the contract is regularly conducted by email. The customer must therefore ensure that the email address provided during the ordering process or otherwise communicated to Kettner-Edelmetalle is correct and that they receive emails from Kettner-Edelmetalle. In particular, it is the customer's responsibility to configure any spam filters used accordingly for the receipt of emails from Kettner-Edelmetalle.

3. Collective Orders

3.1 In the context of live sales, the customer may place a collective order in the Online Shop during the duration of the live stream. This means the customer may continuously place orders during the live stream (cf. Section 2.4.4), which are consolidated into one order after the live stream ends or when the customer leaves the live stream. This has the advantage for the customer that the shipping costs incurred for the orders consolidated in the collective order are calculated together, enabling the customer to save on shipping costs.

3.2 Each order within a collective order constitutes a binding order.

4. Withdrawal

Consumers (cf. Section 1.1) have a fourteen-day right of withdrawal when concluding a distance contract. A distance contract exists if the contract is concluded exclusively by means of distance communication — in particular by letter, telephone, email or fax — or via the internet. Pursuant to § 312g (2) No. 8 BGB, the right of withdrawal does not apply if a distance contract concerns the delivery of goods whose price is subject to fluctuations on the financial market over which the entrepreneur (here Kettner-Edelmetalle) has no influence and which may occur within the withdrawal period. This applies, inter alia, to precious metals, products containing precious metals, diamonds and gemstones.

The following right of withdrawal therefore only applies to items that are not precious metals.

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Life-Coaching-Finance, Jürgen A. Kettner, Customer Service Department, Schönbühlstr. 9, 78052 Villingen-Schwenningen, telephone: 07930-2699, email: service@kettner-edelmetalle.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the enclosed model WITHDRAWAL FORM for this purpose, but it is not mandatory. (Click on the WITHDRAWAL FORM link. A two-page PDF file will open. You may print it out, complete it and send it to us within the withdrawal period).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.

You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

5. Registration

5.1 The customer may only place orders in the Online Shop if they have previously registered once.

5.2 Registration takes place during the customer's first order as part of the ordering process before placing a binding order under the "Create Account" button. The following information is requested from the customer as mandatory details for registration: gender, first name, last name, email address, password chosen by the customer, date of birth, address and, if applicable, company name. After entering this information, the customer may complete the registration by clicking the "Register" button. They will then receive a welcome email from the Kettner-Edelmetalle system confirming the registration.

5.3 The data submitted by the customer during registration must be complete and truthful. The customer must notify Kettner-Edelmetalle of any changes to their data without delay.

5.4 The customer must keep the password provided during registration confidential and must not disclose it to third parties. The customer is liable for damages caused by third-party use unless they are not at fault. If the customer becomes aware of the loss of their password and/or unauthorised use of their account, they are obliged to notify Kettner-Edelmetalle immediately.

6. Prices and Shipping Costs

6.1 The prices stated in the Online Shop at the time of the customer's order or communicated to the customer shall apply. The prices include the applicable statutory value added tax. If items do not include value added tax, e.g. certain gold coins or gold bars, this is indicated during the ordering process.

6.2 The prices apply in each case without shipping of the Goods, unless otherwise stated in the offer by Kettner-Edelmetalle (cf. Section 2.1). The customer may also commission the shipping of the Goods at their own expense when placing the order. Kettner-Edelmetalle displays the price for shipping the Goods to a delivery address specified by the customer in the Online Shop or communicates the price to the customer upon request. Any customs duties, fees, taxes and other public charges shall be borne by the customer. Kettner-Edelmetalle reserves the right, for insurance reasons, to split larger orders into several packages. The additional costs arising from such a split shall be borne by Kettner-Edelmetalle, unless explicitly agreed otherwise with the customer.

6.3 The Online Shop is not connected to an automated trading system. Nevertheless, the prices displayed in the Online Shop are adjusted by Kettner-Edelmetalle, potentially several times daily — depending on the price development of precious metals. Price changes for Goods that the customer has placed in their virtual shopping cart are displayed to the customer before they place their Order. The decisive purchase price is the price displayed to the customer in the shopping cart immediately before placing their Order (cf. Section 2.4.4) and in the acknowledgement of receipt (cf. Section 2.4.7).

7. Use of Promotional Vouchers and Discount Codes

7.1 Kettner-Edelmetalle reserves the right to issue promotional vouchers and discount codes as part of advertising campaigns that cannot be purchased and are provided with a specific validity period and a specific minimum order value (promotional vouchers and discount codes hereinafter collectively "Discount").

7.2 The customer is entitled to redeem a Discount in the form of a code before placing the Order (Section 2.4.4). The Discount is offset once against the price pursuant to Section 6.1. The application of a Discount is excluded after the customer has placed the Order (Section 2.4.4).

7.3 Unless otherwise indicated, a Discount is only granted for a minimum order value of EUR 50.00.

7.4 A Discount is only granted within an advertising campaign, unless otherwise agreed in individual cases or otherwise promised by Kettner-Edelmetalle.

7.5 A combination of different Discounts (hereinafter "Combination") is not permitted. Within an advertising campaign or promotional action, a customer is only entitled to one Discount (hereinafter "One-time Offset"). If the customer circumvents the prohibition of Combination or One-time Offset (e.g. by offsetting a Discount multiple times against prices of orders from several customer accounts registered to the customer) (hereinafter "Unauthorised Offset"), Kettner-Edelmetalle is entitled to demand the original price pursuant to Section 6.3.

7.6 Kettner-Edelmetalle reserves the right to pursue criminal prosecution for Unauthorised Offset of Discounts pursuant to Section 7.5. This also includes the attempt of an Unauthorised Offset.

7.7 Cash payment of the Discount is not granted.

8. Compliance with Provisions under the Money Laundering Act (GwG)

8.1 Kettner-Edelmetalle complies with its obligations arising from the provisions of the German Money Laundering Act (Geldwäschegesetz — GwG).

8.2 Kettner-Edelmetalle reserves the right to carry out identity verification and identity recording of the customer in individual cases. In cases of suspected money laundering, Kettner-Edelmetalle will, without being requested and without consultation with the customer, file a suspicious activity report with the Financial Intelligence Unit (Zentralstelle für Verdachtsmeldungen) and the competent law enforcement authority.

9. Payment Terms

9.1 Payment of the purchase price is due immediately upon conclusion of the contract.

9.2 Payment must generally be made by advance payment. For orders with a purchase price of up to EUR 2,000.00, the customer may, provided the delivery location is in Germany, also choose payment on delivery (UPS cash on delivery). Payment must then be made to the delivery agent simultaneously with the handover of the Goods. It is expressly noted that for UPS cash on delivery payments, the customer must have the invoice amount ready in cash and in exact change. If a parcel cannot be delivered because the customer does not have the exact invoice amount available, the costs of return and/or re-delivery shall be borne by the customer.

9.3 The following means of payment are available to the customer:

9.3.1 Payment by bank transfer

9.4 The customer is in default without reminder if they have not made payment within three (3) business days of invoicing. The remuneration shall bear interest at the applicable statutory default interest rate during the period of default. Kettner-Edelmetalle reserves the right to claim further damages for default as well as rights of withdrawal. The claim to commercial maturity interest (§ 353 HGB — German Commercial Code) remains unaffected vis-à-vis merchants.

9.5 The customer is only entitled to set-off or retention rights to the extent that their claim has been established by final and binding court decision or is undisputed. This does not apply to retention rights of the customer based on counterclaims arising from the same contractual relationship. In the case of defects, the customer's counter-rights, in particular pursuant to Section 14 of these T&C, remain unaffected.

9.6 If, after conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that the claim of Kettner-Edelmetalle to remuneration is jeopardised by the customer's lack of ability to perform, Kettner-Edelmetalle is entitled, in accordance with the statutory provisions, to refuse performance and — if applicable, after setting a deadline — to withdraw from the contract (§ 321 BGB). In the case of contracts for the manufacture of non-fungible goods (custom-made items), Kettner-Edelmetalle may declare withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline remain unaffected.

10. Delivery Periods

10.1 Delivery is made within the delivery periods stated in the Online Shop.

10.2 All delivery periods stated in the Online Shop or otherwise agreed for the dispatch of the Goods generally commence on the day of receipt of the full purchase price in the account of Kettner-Edelmetalle. In the case of payment by cash on delivery, the delivery period commences on the day on which Kettner-Edelmetalle has sent the order confirmation to the customer. The day on which the Goods are handed over by Kettner-Edelmetalle to the shipping company is decisive for compliance with the delivery period.

10.3 The stated delivery periods are always approximate only and may therefore be exceeded by up to two business days. This does not apply if a fixed dispatch date has been agreed. If no period or date for delivery is stated or otherwise agreed, delivery within five (5) business days of order confirmation shall be deemed agreed.

10.4 If Kettner-Edelmetalle is unable to meet binding deadlines or dates for reasons for which Kettner-Edelmetalle is not responsible (in particular unavailability of the Goods), Kettner-Edelmetalle will inform the customer thereof without delay and at the same time communicate the expected new deadline or date. If delivery is not possible for Kettner-Edelmetalle even within the new delivery period, Kettner-Edelmetalle is entitled to withdraw from the contract in whole or in part; any consideration already rendered by the customer will be reimbursed by Kettner-Edelmetalle to the customer without delay. A case of unavailability of the Goods exists in particular (i) if the supplier of Kettner-Edelmetalle does not deliver on time, provided Kettner-Edelmetalle has concluded a congruent covering transaction, or (ii) if neither Kettner-Edelmetalle nor its supplier is at fault.

10.5 Kettner-Edelmetalle is not liable for the impossibility of delivery or delivery delays to the extent that Kettner-Edelmetalle is not responsible for these, in particular if they are caused by force majeure. "Force majeure" is any unforeseeable event outside the sphere of influence of Kettner-Edelmetalle by which Kettner-Edelmetalle is wholly or partially prevented from fulfilling its obligations, including fire damage, epidemics and pandemics, theft, changes in law and official orders, floods, strikes and lawful lockouts, and operational disruptions not caused by us. The events described in this Section extend the delivery period to a reasonable extent.

11. Delivery, Transfer of Risk

11.1 The Goods are shipped to the delivery address specified by the customer. Kettner-Edelmetalle ships Goods to delivery addresses in member states of the European Union and Switzerland.

11.2 Unless expressly agreed otherwise, Kettner-Edelmetalle is entitled to determine the method of dispatch (in particular the transport company, shipping route, packaging) at its own reasonable discretion.

11.3 Kettner-Edelmetalle is only obliged to deliver the Goods to the transport company in a timely and proper manner and is not responsible for delays caused by the transport company.

11.4 For both telephone orders and orders via the Online Shop, the customer must provide a complete and truthful billing address before placing the Order. This billing address must not be the address of a parcel shop. Kettner-Edelmetalle expressly reserves the right to refuse delivery/dispatch of the Goods if the customer provides the address of a parcel shop as the billing address. Any additional costs arising therefrom shall be borne by the customer.

11.5 Kettner-Edelmetalle is entitled to make partial deliveries to the extent reasonable for the customer. Additional shipping costs caused by partial deliveries shall be borne by Kettner-Edelmetalle. The customer's rights with regard to timely and proper delivery are not restricted thereby.

11.6 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered Goods passes to the customer at the time the Goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the Goods to the transport company, provided Kettner-Edelmetalle is only obliged to dispatch.

11.7 The customer's rights pursuant to Sections 14 and 16 of these T&C and the statutory rights of Kettner-Edelmetalle, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), remain unaffected.

11.8 If the customer's order concerns alcoholic beverages, the customer must have their identity card or another suitable identification document (e.g. passport) ready and present it for age verification by DHL identity check upon delivery. If delivery of the Goods cannot be made because the customer cannot provide sufficient identification, the customer shall bear the costs of return and/or re-delivery.

12. Liquidated Damages

12.1 In the event of non-acceptance of the Goods by the customer or in the event that Kettner-Edelmetalle withdraws from the contract due to the customer's failure to make proper payment, Kettner-Edelmetalle is entitled to demand from the customer payment of liquidated damages in the amount of 15% of the net purchase price of the Goods not accepted. The customer is permitted to prove that Kettner-Edelmetalle has suffered no loss or only a lesser loss. Kettner-Edelmetalle reserves the right to claim from the customer compensation for loss exceeding the liquidated damages.

12.2 If the customer has made advance payment of all or part of the purchase price, Kettner-Edelmetalle is entitled to deduct the liquidated damages pursuant to Section 12.1 and any loss exceeding such amount from the advance payment made. The remaining balance will be refunded by Kettner-Edelmetalle to the customer.

13. Retention of Title

13.1 Kettner-Edelmetalle retains title to the delivered Goods until the purchase price (including value added tax and shipping costs) for the relevant Goods has been paid in full.

13.2 Without the prior written consent of Kettner-Edelmetalle, the customer is not entitled to dispose of the ownership of the Goods delivered by Kettner-Edelmetalle and still subject to retention of title ("Reserved Goods"). Disposal of the customer's legal position with respect to the Reserved Goods (so-called expectancy right) remains permissible, provided the customer notifies the third party of the ownership right of Kettner-Edelmetalle.

13.3 The customer must treat the Reserved Goods with care.

13.4 In the event of third-party access to the Reserved Goods — in particular by a bailiff — the customer shall notify the third party of the ownership of Kettner-Edelmetalle and inform Kettner-Edelmetalle without delay so that Kettner-Edelmetalle can enforce its ownership rights.

13.5 In the event of conduct by the customer in breach of the contract, in particular non-payment of the due purchase price, Kettner-Edelmetalle is entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the Reserved Goods. The demand for return does not simultaneously constitute a declaration of withdrawal; Kettner-Edelmetalle is rather entitled to merely demand the return of the Goods and reserve the right of withdrawal. If the customer does not pay the due purchase price, Kettner-Edelmetalle may only assert these rights if Kettner-Edelmetalle has previously set the customer a reasonable deadline for payment without success or if such a deadline is dispensable under the statutory provisions. The costs of the return shall be borne by the customer.

14. Warranty

14.1 Kettner-Edelmetalle warrants the agreed quality. Unless expressly agreed, Kettner-Edelmetalle does not warrant that the Goods are suitable for the use intended by the customer.

14.2 The statutory provisions apply to the customer's rights in the event of material defects and defects of title, unless otherwise provided below. The statutory special provisions for the final delivery of unprocessed Goods to a consumer remain unaffected in all cases, even if the consumer has further processed them (supplier recourse pursuant to § 478 BGB). Claims for supplier recourse are excluded if the defective Goods have been further processed by the customer or another entrepreneur, e.g. by incorporation into another product.

14.3 If the delivered item is defective, Kettner-Edelmetalle may choose whether to provide subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). If the customer is a consumer (cf. Section 1.1), they have the right to choose the type of subsequent performance (replacement delivery or repair). The right of Kettner-Edelmetalle to refuse subsequent performance under the statutory conditions remains unaffected in any case.

14.4 Kettner-Edelmetalle is entitled to make the owed subsequent performance conditional upon the customer paying the due purchase price. However, the customer is entitled to retain a portion of the purchase price that is reasonable in relation to the defect.

14.5 The customer must give Kettner-Edelmetalle the time and opportunity required for the owed subsequent performance. In particular, the customer must hand over the complained Goods to Kettner-Edelmetalle for inspection purposes within a reasonable time after notification of the defect. In the case of replacement delivery, the customer must return the defective item to Kettner-Edelmetalle in accordance with the statutory provisions. Subsequent performance does not include the removal of the defective item or the re-installation if Kettner-Edelmetalle was not originally obliged to install; Section 14.6 remains unaffected.

14.6 The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, as well as any expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item, shall be reimbursed by Kettner-Edelmetalle in accordance with the statutory provisions if a defect actually exists. Otherwise, Kettner-Edelmetalle may demand from the customer reimbursement of the costs incurred as a result of the unjustified request for defect rectification (in particular inspection and transport costs), unless the lack of defectiveness was not recognisable to the customer.

14.7 Claims by the customer for damages or reimbursement of futile expenses exist even in the case of defects only in accordance with Section 16 and are otherwise excluded.

14.8 Kettner-Edelmetalle sources all offered precious metals and accessory items primarily from national and international producers and trading houses. To the extent of its capabilities, Kettner-Edelmetalle checks all products offered by Kettner-Edelmetalle for authenticity, but may not guarantee this for competition law reasons. If certificates of authenticity are provided to Kettner-Edelmetalle by customers or manufacturers at the time of purchase, Kettner-Edelmetalle passes these on to the customer.

15. Incoming Goods Inspection

If the customer is an entrepreneur (cf. Section 1.1), the following applies:

15.1 The customer's warranty claims for defects in the Goods pursuant to Section 14 are subject to the customer having duly complied with their statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). In the case of Goods intended for installation or further processing, an inspection must in any case be carried out immediately before installation or further processing.

15.2 If a defect becomes apparent upon delivery, inspection or at any later point in time, the customer must notify Kettner-Edelmetalle of the defect without delay at least in text form. Obvious defects must in any case be notified at least in text form within three (3) business days of delivery; defects not recognisable upon inspection must be notified at least in text form within the same period from their discovery.

15.3 The liability of Kettner-Edelmetalle is excluded in accordance with the statutory provisions for defects not notified or not notified in a timely or proper manner if the customer has failed to carry out a timely and proper inspection and/or notification of defects.

16. Liability

16.1 Kettner-Edelmetalle is liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions, unless otherwise provided in these T&C including the following provisions.

16.2 Kettner-Edelmetalle is liable for damages — regardless of the legal basis — within the scope of fault-based liability in cases of intent and gross negligence.

16.3 Subject to statutory limitations of liability (e.g. care in own affairs; immaterial breach of duty), Kettner-Edelmetalle is liable in cases of simple negligence only

a) for damages resulting from injury to life, body or health,

b) for damages resulting from the breach of a material contractual obligation (i.e. an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies and may rely); in this case, however, the liability of Kettner-Edelmetalle is limited to compensation for the foreseeable, typically occurring damage.

16.4 The limitations of liability resulting from Sections 16.2 and 16.3 also apply to breaches of duty by or for the benefit of persons whose fault Kettner-Edelmetalle is responsible for under the statutory provisions. They do not apply to the extent that Kettner-Edelmetalle has fraudulently concealed a defect or has assumed a guarantee for the quality of the Goods and for claims by the customer under the Product Liability Act (Produkthaftungsgesetz).

17. Limitation Period

If the customer is an entrepreneur, the following applies:

17.1 For claims by the buyer for material defects and defects of title of Goods, the general limitation period, in derogation from § 438 (1) No. 3 BGB, is one year from delivery. Statutory special provisions on limitation (in particular § 438 (1) No. 1 and No. 2, (3), §§ 444, 445b BGB) remain unaffected.

17.2 The limitation periods under this Section 17 also apply to contractual and non-contractual claims for damages by the customer based on a defect in the Goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case.

17.3 Claims for damages by the customer pursuant to Sections 16.2 and 16.3 a) and under the Product Liability Act are subject exclusively to the statutory limitation periods.

18. Data Protection

The provisions of the Kettner-Edelmetalle Privacy Policy apply, available at https://www.kettner-edelmetalle.de/wissen/disclaimer-und-datenschutz .

19. Choice of Law and Jurisdiction, Dispute Resolution

19.1 These T&C and the contractual relationship between Kettner-Edelmetalle and the customer are governed — subject to mandatory provisions of private international law — exclusively by the law of the Federal Republic of Germany, excluding international uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG), and excluding the rules of private international law. If the customer is a consumer (cf. Section 1.1) and has their habitual residence in another state, the protection afforded by the mandatory provisions of the law of the state of habitual residence, from which derogation by agreement is not permitted, shall be preserved.

19.2 If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the registered office of Kettner-Edelmetalle shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from or in connection with the contractual relationship. However, Kettner-Edelmetalle is also entitled to bring an action at the general place of jurisdiction of the customer.

19.3 The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/.

19.4 Kettner-Edelmetalle is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and has decided against voluntary participation in such proceedings.

As of: January 2025