Buying regulations
Buying regulations
Buying gold, silver, platinum and palladium in the form of investment products.
Terms and conditions for completing transactions through the website info@metalmarket.eu
Internet domain wyrobymennicze.pl which enables the purchase of investment metals is owned by Metal Market Europe sp. featuring.o. with its registered office in Warsaw, postal code 00-480, at Wiejska 11, premises 1, entered in the register of entrepreneurs of the National Court Register under the number 0000443179, for which the registration files are kept by the District Court for the capital city of Warsaw, XII Economic Division of the National Court Register, having a share capital of PLN 5,000 and NIP number 7831696976 and REGON number 302346549
Explanation of terms used in the regulations:
- Service - a website in Polish available at www. metalmarket.eu providing services of buying bullion coins and investment bars by Metal Market Europe sp. featuring.o., the contents of which constitute an invitation to negotiate for the conclusion of a sales contract.
- Customer - any adult natural person, legal person or organizational unit that is not a legal person, to which special regulations grant legal capacity, who respectively sells or intends to sell goods via the Website.
- Quote - an offer representing the price for which the Service is willing to conclude a sales contract with the Customer, under the terms and conditions set forth herein.
- Item for Sale - an item made of gold, silver, palladium or platinum.
- Application form - an electronic service, an interactive form in the Polish language containing the Customer's identification data necessary to make a valuation or sale.
I. Terms of use
- Content found on the metalmarket website.eu constitutes an invitation to enter into negotiations on the conclusion of a possible future agreement for the sale of shares.
- The use of the Service consists of making contact with the operator of the Internet portal through the submission of an application form by the customer. After reviewing the application form, the online service provider prepares a quote and an offer to conclude a sales contract with the customer. If the parties accept the conditions, a sales contract is concluded.
- Contact between the customer and the Service is carried out through the web portal, by phone, e-mail or through direct contact at the company's facility. At the time of the first contact, the customer is obliged to fill in the application form placed on the Site.
- By providing personal data through the Service, the customer agrees to the processing of personal data for the purpose of valuation and offer to conclude a sales contract by the operator of the Service, or in connection with any activities necessary for the conclusion of the contract.
- In the case of sales conducted electronically, the customer is required to send a scan of an ID card or passport by e-mail. In accordance with Art. 5(5). 1 (c) of the Personal Data Protection Regulation of April 27, 2016. (OJ.Urz. EU L 2016), the Service collects only the necessary data to conclude a sales contract. The sales contract requires the following to be indicated in its content: the customer's first and last name, his address and the number and series of his identity card.
- Sending the item or items for sale for valuation, the customer declares that they are his property, are not encumbered by any claims of third parties, do not come from a prohibited act, are not the subject of marital joint property, and that he has the right to freely dispose of them.
- Valuation and any adjustments related to it are made during the company's working hours, that is, on weekdays from 10:00 to 18:00 excluding weekdays when the company is closed, which is announced each time on the main page of the website. Once the customer accepts the quote, the price of the sale item will not change during the further stages of the order processing.
- The valuation of an item or items is based on the price published on the website of the Service. The customer has the right to accept the proposed quote up to 15 minutes after sending an email or contacting by phone, later acceptance results in a change of the proposed prices.
- The price of the item or items for sale may be subject to change if the actual condition of the delivered items differs from the condition stated in the application form. Price adjustment is possible in case of physical damage to items.
- After accepting the quote, the customer will receive an email sent electronically with two copies of the sales contract, which must be printed, legibly signed and sent back to the company's headquarters address.
II. Transmission of items
- The cost of shipment containing the object of sale is covered by the Service in case of transactions exceeding the amount of 7,000 Polish zloty. In a situation where the value of the transaction is less than the listed amount, the customer is obliged to cover the shipping fee.
- The customer is responsible for packing the items properly according to the instructions of the carrier.
- The courier receiving the prepared shipment carries only a label, which should be placed in a visible place on the shipment.
- The courier makes up to three attempts to collect the item of sale from the customer for three consecutive working days.
- Metal Market Europe sp. featuring.o. is not responsible for delays in performance after receipt of the shipment of items offered for sale, resulting from the activities of courier companies.
- Inspection of delivered sales items, is carried out by a two-person team in a monitored, protected room.
- Metal Market Europe sp. featuring.o. may evade the legal effects of the statements made on the basis of Art. 84 of the Civil Code (Dz.U. 2019 poz. 1145), if there is a situation of intentional misrepresentation of the authenticity of the goods by the customer to the company's employees, in order to gain financial benefits.
- Falsification of documents for the purpose of using them as authentic and acting to the detriment of Metal Market Europe sp. featuring.o., is subject to criminal liability under art. 270 of the Criminal Code (Dz.U. 2019 poz. 1950).
- Any attempt to defraud the customer by attempting to intentionally mislead the employees of Metal Market Europe sp. featuring.o. as to the authenticity of the goods, are subject to criminal liability under Art. 286 of the Criminal Code (Dz.U. 2019 poz. 1950).
III. Subject of valuation and contract
- Only coins and investment bars made of silver, gold, platinum or palladium may be the subject of appraisal and sales contract.
IV. Payments
- After receiving the items and inspecting them, the Service will make payment to the bank account number indicated by the Customer within 24 business hours, unless otherwise specified in the text of the contract. Transfer to a bank account is free of charge.
V. Return of items
- When, after a thorough analysis of the sent sale items, it is found that they are not made of gold, silver, platinum or palladium, or their sample does not match the specified one, the Service may send these items back to the Customer's address and cost within three working days from the date of receipt of the shipment.
VI. Withdrawal from the contract by the consumer
- In accordance with Art. 38 point 2 of the law of May 30, 2014. on consumer rights (Dz.U. 2019 poz. 134), the Customer who is a Consumer is not entitled to withdraw from the Sales Contract due to the fact that the price agreed for the items depends on fluctuations in the financial market over which the Seller does not have control and which may occur before the expiry of the deadline for withdrawal from the contract.
VII. Withdrawal from the contract by the Service
- The service has the right to withdraw from the contract if physical or legal defects of the items are revealed. The customer grants a 24-month warranty for legal defects on the items of sale sent to the service.
- In the event of withdrawal from the contract before payment is made to the Customer, a courier parcel containing the items of sale previously sent by the Customer will be sent along with the statement of withdrawal.
- In the event of withdrawal from the contract after payment to the Customer, the Customer is obliged to return the amount received to the bank account of the operator of the Service within three working days from the date of receipt of the statement of withdrawal from the contract.
- Until receipt of return of performance from the Customer, the Service shall retain the items of sale as collateral for claims for return of payment. The execution of the security can also take place through judicial execution.
- If the Customer refuses to return the payment received, the Service will file a claim for payment in a common court of law.
- The Service has the right to dispose of the claim owed to the Customer to third parties.
VIII. Final provisions
- Customer's personal data is processed on the basis of the Privacy Policy posted on the metalmarket website.eu
- In matters not regulated in the content of these Regulations the generally applicable regulations shall apply, in particular : Civil Code (Dz.U. 2019 poz. 1145); the Law on Provision of Electronic Services (Dz.U. 2019 poz. 123); the Law on Consumer Rights (Dz.U. 2019 poz. 134).
- Any litigation arising between Metal Market Europe sp. featuring. o., and the customer will be submitted to the court having jurisdiction over the company's registered office.
- Metal Market Europe sp. featuring. o. reserves the right to change the content of the Regulations.
