General terms and conditions

Extended terms and conditions apply to the pawnshop, which you will find below.

General Terms and Conditions and Consumer Information

As at: 01.01.2020

Information about Ahlden Gold GmbH

Contractual partner: Ahlden Gold GmbH
Address & registered office: Hauptstr. 131 28816 Stuhr
Phone: +49 421 409 80 524
Fax: +49 421 409 80 525

Commercial Register, Register Court: Walsrode Local Court
Commercial register number: HRB 5178
VAT identification number: DE116332172

Managing directors with sole power of representation: Manfred Ahlden

1. Scope, general
1.1. These General Terms and Conditions (hereinafter also referred to as „GTC“ or „Terms“) apply to all legal transactions between the company Ahlden Gold GmbH (hereinafter also referred to as „We“) and the customer (hereinafter „Customer“ or „You“). These GTC apply exclusively; counter-confirmations or general terms and conditions of the customer are expressly contradicted. This shall also apply if the customer’s offer or acceptance of an offer is made with reference to the overriding validity of the customer’s own GTC or if we carry out the delivery/service without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from these GTC.

1.2. These GTC concern our deliveries, services and offers via the online shop Transactions for the purchase/valuation of precious metals and diamonds are carried out by the company Ahlden Gold GmbH under the conditions stated in the separate General Terms and Conditions of this company.

1.3. In business dealings with entrepreneurs, these terms and conditions shall also apply to all future legal transactions, even if they are not expressly agreed again.

1.4. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (§ 13 BGB).
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. (§ 14 BGB).
The presentation of our goods in the online shop and the online shop as such are aimed exclusively at those customers who have their usual place of residence in the Federal Republic of Germany.

2. conclusion of contract, essential characteristics of the goods, order process, contract text, contract language

2.1. The representations of our goods in the online shop are not legally binding offers for the conclusion of purchase contracts, but represent invitations to the customer to place an order (= offer).

2.2 The essential characteristics of the goods are shown in the respective product description in the online shop.

2.3. You can collect the goods you want in a virtual shopping cart by clicking the „Add to cart“ button. The button „Proceed to checkout“ will take you to the next ordering step. At the checkout, enter your billing address, a different shipping address if applicable, the desired shipping and payment method or, if you are registered with us as a regular customer, use your user name and password to log in. You can then check your order and correct it if necessary. For the binding conclusion of your order, you confirm the General Terms and Conditions by clicking on the box provided for this purpose and by clicking on the „Buy“ button. You hereby submit a binding offer to conclude a purchase contract for the goods contained in the „shopping basket“ (contractual declaration). As the prices are updated several times an hour, the system checks again at this point that the prices are up-to-date and adjusts them if necessary. Click on the „Buy“ button to confirm the binding conclusion of the order.

2.4. Subsequently, the acceptance of the order will be confirmed to you by the shop system and you will be shown the complete data of your order (contract text) so that you can print it out if you wish. You will also receive an order confirmation by e-mail without delay.

2.5. We reserve the right to process and accept your order within two days for the contract to come into effect. We expressly reserve the right not to accept or to reject orders.

2.6. We accept your order by sending you an order confirmation, which is usually sent by e-mail together with the confirmation of receipt of payment. A contract is concluded with us through the order confirmation.

2.7. You can also place your orders by fax, by post or by telephone. If you place an order by telephone, a member of our staff will place it in our online shop on your behalf. If you do not have an e-mail address, we will send you the order confirmation and the order confirmation by fax or by post.

2.8. We are entitled to revoke our order or order confirmation if our presentation of goods in the online shop or our order confirmation mistakenly contains obvious errors (e.g. addition errors, comma errors in the price, spelling errors, unreasonable price with regard to the goods, etc.) or obvious incompleteness (omission of information relevant to the decision, etc.) which affect the contract to our disadvantage and make it unreasonable to adhere to the contract.

2.9. The contractual language is German.

2.10. The contract text is stored by us after the conclusion of the contract. After completion of the ordering process, the text of the contract can be printed out again (cf. section 2.3.).

3. prices and shipping costs

3.1. Due to the nature of the goods offered, our prices are dependent on the market and exchange rates and are therefore subject to constant fluctuation. Therefore, our prices are updated several times an hour. You can find our current sales prices in the description of goods.

3.2. You will get the shipping costs of your order fully calculated and displayed at the checkout. These depend on the country of delivery, the order and insurance value, as well as the weight and number of packages. The costs of shipping in detail can be found in our list of shipping costs as amended from time to time, which is an integral part of these General Terms and Conditions.

4. payment modalities, default in payment, right of withdrawal, damages, retention of title

4.1. Unless otherwise agreed, you can pay in advance, by instant bank transfer, or in cash when collecting the goods. The payment conditions in detail can be found in our list of payment methods as amended from time to time, which forms part of these General Terms and Conditions. You will receive a request for payment from us with the order confirmation, stating the amount to be paid by you, as well as our bank details and the purpose of use to be specified. The payment amount is to be transferred to us within 2 working days (Monday to Friday) from the date of the receipt, whereby the receipt of payment is decisive, or to be paid in cash upon collection of the goods by appointment.

4.2. If the payment amount is not received by us within 2 working days (Monday to Friday) from the date of the receipt, you will be in default without the need for a reminder and will owe us the statutory default interest.

4.3. In the event of your default in payment, we are entitled to withdraw from the contract at any time and to claim damages in the amount of 25% of the purchase price. You will be allowed to prove that no damage has been incurred at all or that the damage is lower than the flat rate.

4.4. We shall retain title to the delivered goods in any case until the respective invoice amount of a delivery has been paid in full.

5. Delivery dates, delivery difficulties, force majeure, partial deliveries

5.1. Information on delivery or performance dates is non-binding. Binding delivery or performance dates must be expressly designated as binding.

5.2. Depending on the value of the consignment, the goods will be shipped by an appropriate transport company. We will hand over the goods to the transport company for delivery within two working days (Monday to Friday) after receipt of your payment, unless a different delivery time is stated or agreed with the product. The delivery time by the transport company is approx. 1-2 working days.

5.2. Our products are shipped value-insured, neutrally and carefully packed, with tracking and discreet delivery. The shipping conditions in detail can be found in our shipping costs list, which is part of these general terms and conditions in the currently valid version.

5.3. Alternatively, you can also collect the goods from us by prior appointment against cash payment or, in the case of prepayment, after receipt of your bank transfer. In this case, the shipping costs will be waived or refunded to you. The goods must be paid for and collected within two working days of the order date.

5.4. If we are unable to deliver the ordered goods or to provide the service through no fault of our own because a covering transaction has been concluded with a supplier to supply the customer and the supplier then fails to fulfil its contractual obligations, we shall be entitled to withdraw from the contract with the customer. In this case, we will inform the customer immediately about the lack of delivery possibility. If payment of the purchase price has already been made, it will be refunded immediately.

5.5. As long as we (a) are waiting for the cooperation or information of the customer or (b) are hindered in our performance by strikes or lockouts in third-party companies or in our company (in the latter case, however, only if the industrial action is lawful), official intervention, statutory prohibitions or other circumstances for which we are not responsible („force majeure“), delivery and performance deadlines shall be deemed extended by the duration of the hindrance and by a reasonable start-up time after the end of the hindrance („downtime“) and there shall be no breach of duty for the duration of the downtime. We shall notify the customer of such hindrances and their expected duration without delay. If the force majeure lasts uninterruptedly for more than 3 months, both parties shall be released from their performance obligations.

5.6. In the case of para. 5.4. and 5.5. if the customer has already made payments with regard to the delivery/service, these shall be refunded. However, for services or deliveries already rendered at the time of the occurrence of the force majeure, the part of the agreed remuneration attributable to these services or deliveries may be demanded. Apart from that, there are no claims for either party in these cases.

5.7. Partial deliveries or partial services are permissible unless the customer has no recognisable interest in them or they are recognisably unreasonable for him. Partial deliveries are to be accepted by the customer in these cases.

5.8. If the customer is an entrepreneur, he shall have an obligation to inspect and give notice of defects with regard to all deliveries in accordance with § 377 of the German Commercial Code (HGB). Accordingly, the entrepreneurial customer must inspect the goods immediately after delivery to ensure that they are free of defects and complete and must report any defects discovered immediately in writing. If the customer fails to inspect the goods or give notice of defects in good time, the delivered goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. Hidden defects discovered later must be reported within 14 days of knowledge; otherwise the goods shall be deemed to have been approved also with regard to these defects. The notice of defect must be in writing and describe the defect complained of in detail.

6. Transfer of risk

6.1. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods shall not pass to the customer until they are handed over to the customer. This shall be the same if the customer is in default of acceptance.

6.2. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as the goods have been handed over to the transport company or have left our premises for the purpose of shipment. This shall be the same if the customer is in default of acceptance. If the dispatch of the goods is delayed at the request of the customer, the risk shall pass to the customer upon notification of readiness for dispatch.

7. Restricted right of withdrawal for consumers – no right of withdrawal when buying precious metals!

7.1. No right of withdrawal when buying precious metals
In deviation from the basic right of withdrawal for consumers in distance selling contracts, there is a right of withdrawal according to § 312g para. 2 No. 8 of the German Civil Code (BGB), if the object of a distance contract is the delivery of goods whose price is directly dependent on developments and fluctuations in the financial markets over which the trader has no influence and which may occur within the withdrawal period. This concerns, among other things, precious metals, products containing precious metals or diamonds and precious stones.

7.2. Right of withdrawal for accessories or articles containing non-precious metals
For other goods, i.e. those not covered by § 312g para. 2 number 8 BGB (German Civil Code), there is a 14-day right of withdrawal for consumers, about which we instruct in the following:

Cancellation policy (for accessories or articles containing non-precious metals)
You have the right to cancel 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 named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must notify us (Ahlden Gold GmbH, Hauptstr. 131 28816 Stuhr Phone: 0421 409 80 524 Fax: 0421 409 80 525 of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Download sample cancellation form here

Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, in which case you will not be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

8. Warranty (liability for defects)

8.1. We provide warranty (liability for defects) in accordance with the statutory regulations.

8.2. If the customer is a consumer, the warranty period for newly manufactured items is two years, otherwise one year, beginning with the delivery of the item.

8.3. If the customer is an entrepreneur, the warranty period shall be one year beginning with the delivery of the item. In the case of deliveries to merchants, § 377 of the German Commercial Code (HGB) (obligation to examine and give notice of defects) shall remain unaffected.

8.4. Insofar as used items are the subject of the purchase contract and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used goods is one year.

9. Liability

9.1 We shall be liable without limitation for damages arising from injury to life, limb or health which are based on an intentional or negligent breach of duty, as well as for other damages which are based on an intentional or grossly negligent breach of duty and fraudulent intent. Furthermore, we shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, as well as in the event of the assumption of guarantees.

9.2 In the event of a breach of material contractual obligations, i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, we shall also be liable for simple negligence, but only up to the amount of the foreseeable damage typical for the contract. Claims for loss of profit, claims for damages by third parties as well as other indirect and consequential damages cannot be demanded unless a quality feature guaranteed by us has the specific purpose of protecting the customer against such damages.

9.3 Any further liability is excluded.

9.4 The above limitations of liability shall also apply in favour of our employees, vicarious agents, executive employees and bodies.

10. Data protection

When initiating, concluding, processing and reversing a purchase contract, we collect, store and process data within the framework of the statutory provisions. Information on which data is collected, stored and how it is processed can be found in our Data Protection Directory, which, in its currently valid version, forms part of these General Terms and Conditions.

11. Anti-Money Laundering Act

For all cash transactions with a value of EUR 2,000.00 or more, we are required under the provisions of the Money Laundering Act to identify our contracting partner (either yourself as the customer or any beneficial owner) and to record whether the business relationship or transaction is established, continued or carried out for yourself as the customer or for a beneficial owner. In this case, we require the presentation of the original valid identity card or passport. In the case of companies, an excerpt from the commercial or cooperative register or from a comparable official register or directory or other suitable proof is required. Depending on the legal form, at least one name of a beneficial owner of the company and a proof of identity of this person as described above are required. We are entitled to make copies of the documents submitted for identity verification and to retain them in accordance with the statutory provisions. As our contractual partner, you are legally obliged to cooperate. In particular, you must provide us with the information and documents necessary for identification and notify us immediately of any changes arising in the course of the business relationship.

12. Applicable law, place of performance, place of jurisdiction

12.1. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of international provisions, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2. If the customer is an entrepreneur, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office.

13. Set-off, retention, assignment

13.1. The customer may only offset undisputed or legally established claims.

13.2. A right of retention may only be based on claims arising from this contract.

13.3. The customer is not entitled to assign or transfer its rights and obligations under the contract without our prior consent.

14. Salvatory clause

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.

General Terms and Conditions in the Pawn Credit Business

1. With the handing over of the pawn and the receipt of the pawn ticket as well as the disbursement of the loan, a pawn credit agreement is concluded, which is subject to the Ordinance on the Business Operations of Pawnbrokers, the other relevant regulations as well as these Terms and Conditions.

2. The pledger declares that the pledge is his sole property, that it is free of encumbrances and that he can dispose of the pledge without restriction.

3. If the lien has been validly created and the pledge is not triggered (item 4), the pledgee may satisfy himself exclusively from the pledge.

4. Against payment of the loan, including interest and reimbursement of expenses, the pledge can be released with delivery of the pawn ticket, insofar as it has not already been handed over for the purpose of realisation to a person authorised to realise it. The pawnbroker is not obliged to check the authorisation of the pawn ticket holder to redeem the pawn, unless the pawnbroker can be accused of intent or gross negligence.

5. Upon maturity of the loan, a renewal of the pawn credit agreement is only possible against payment of the interest and reimbursement of expenses and only in case of the pawnbroker’s consent.

6. A loss of the pawn ticket must be reported immediately by the pledger to the pawnbroker and must be made credible. A handling fee will be charged for processing.

7. Interest and reimbursement of expenses, which are to be calculated on a monthly basis, shall also be charged in full for the commenced month. The day of the pledge is only counted if the pledge is released on the same day.

8. 1) If the deposit is not released or renewed, it will be recycled in accordance with the statutory provisions.

2) If the realisation has already been sufficiently publicly announced once, then, if further realisations become necessary, only a general reference to pledges which have so far remained unsold is required in the subsequent announcements.

3) The pledger and the pawnbroker agree that the threat of realisation, a deadline for this and notification of the time of realisation, with the exception of the legally required public announcement, as well as the notification of the realisation result are unnecessary and are therefore omitted, without prejudice to the right of the person entitled to redeem to collect the surplus obtained from the pledge from the pawnbroker.
If several items are pledged under a pledge agreement, the pledgee is entitled to realise all pledged items without regard to the amount of the proceeds obtained from the individual items. If the pledger, as an entrepreneur, has pledged an object of his business assets, the pawnbroker is entitled, in the event of realisation of the pledge, to account to him by means of a credit note for the proceeds of realisation.

9. The surplus shall be due to the person entitled to the redemption and shall be paid out against return of the pawn ticket; item 6 shall apply accordingly. Surplus is that part of the proceeds from the pledge which remains after deduction of the loan, interest, reimbursement of expenses and the pro rata realisation costs, insofar as these are not charged to the buyer. If the surplus is not collected from the pawnbroker within three years of the pawn being realised, it shall be delivered to the competent authority and forfeited. The period begins with the end of the year in which the pledge was realised. The surplus shall also be forfeited if the pawnbroker is allowed to satisfy himself by offsetting lower proceeds and higher proceeds against the authority.

10. The pawn is insured at the pawnbroker’s expense for at least twice the loan amount against fire and tap water damage, against burglary and against robbery. The pawnbroker is liable for damage or loss only to the extent of the insurance taken out with the sum insured. Any further liability, in particular for damage due to breakage, pests of any kind or the like, is excluded, unless the pawnbroker can be accused of intent or gross negligence. Claims for compensation can only be made upon receipt of the
pledge. Liability of the pawnbroker is excluded as soon as the pawn has been removed from the business premises and damage has not been objected to.

11. Cheques, bills of exchange or other payment orders will not be accepted in payment.