Status: June 2024
You can find our GTC for consumers here
Consumer definition: A consumer is an individual who enters into a legal transaction that is not related to the operation of their business.
If you are a consumer, you can find the applicable GTC here: General Terms and Conditions for Consumers
You can find our GTC for businesses here
Business definition: A business is a person for whom commercial activity is part of operating their business. A business is any organization engaged in independent economic activity on a lasting basis, even if it is not profit-oriented, that enters into a business relationship with us in the course of its commercial or independent professional activity.
If you are a business, you can find the GTC that apply to you here: General Terms and Conditions for Businesses
These General Terms and Conditions (GTC) of philoro EDELMETALLE GmbH apply if you are a consumer (= end customer) and conclude a contract with us via our online store or another form of distance selling.
A consumer is an individual who enters into a legal transaction, i.e., makes a declaration of intent regarding a legal matter, and this transaction is not related to the operation of their business.
The contract language is German.
All prices are total prices and include all taxes, including sales tax and duties, but exclude shipping costs. You can find the shipping costs here: Shipping Costs
Please note that precious metal prices are subject to market fluctuations beyond our control, and we cannot predict future price developments.
If you wish to submit an offer to us via our online store (i.e., place an order), this is only possible if you have completed all mandatory fields marked with *. If any required information is missing or we are unable to process your order for any other reason, you will receive an automated error message. Before finalizing your order, you will have the opportunity to review and correct it. Additional information and assistance are available during the ordering process. Once the ordering process is complete, you will receive an order confirmation from us. Please note that this does not yet constitute acceptance of your order.
Your order will be stored by us and can be accessed by registered users in the user portal of our online store under the respective order number.
If you placed your order in our online store as a guest, you will not be able to access it later. If you wish to retrieve your order details after completing the order process, you can request them from us via phone or email.
The other documents related to your order (order confirmation, invoice, delivery note) will be stored by us but are not accessible through our online store. These documents will be sent to you via email or included with the shipment. If you need to access these documents again after completing your order, you can request them from us via phone or email by providing your name and order number.
For the conclusion of distance or off-premises contracts, reference is expressly made to § 3 (3) no. 4 of the Consumer Protection Act (KSchG) in conjunction with § 18 (1) no. 2 of the Act on Distance and Off-Premises Transactions (FAGG), which stipulates that consumers do not have the right of withdrawal for contracts concerning goods or services whose price depends on financial market fluctuations, which are beyond the business’s control and can occur during the withdrawal period.
The right of withdrawal does not apply to precious metal bars and coins, regardless of size and denomination, as well as products that are manufactured according to customer specifications. This exclusion of the right of withdrawal applies both to the sale and purchase of such goods.
For purchases of goods other than those listed in section 1.7.1, such as accessories or gift items purchased through our online store, you can withdraw from the purchase within 14 days without providing a reason. The withdrawal period begins for such contracts:
- on the day you or a third party nominated by you, not acting as a carrier, takes possession of the goods,
- if you have ordered multiple goods in one order that are delivered separately, the withdrawal period begins on the day you or a third party nominated by you, not acting as a carrier, takes possession of the last item,
- for goods delivered in multiple shipments, the period begins on the day you or a third party nominated by you, not acting as a carrier, takes possession of the last partial shipment,
- for contracts concerning the regular delivery of goods over a fixed period, the period begins on the day you or a third party nominated by you, not acting as a carrier, takes possession of the first delivered item.
The declaration of withdrawal does not require any specific form. The intent to withdraw must be clearly evident from your declaration. The sample withdrawal form according to Annex I, Part B of the FAGG can also be used for the withdrawal. This is available online at https://www.ris.bka.gv.at/NormDokument.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847&FassungVom=2024-02-10&Artikel=&Paragraf=&Anlage=1&Uebergangsrecht= (‘B. Sample Withdrawal Form’).
Sample Withdrawal Form (If you wish to withdraw from the contract, please complete this form and return it) — To: philoro EDELMETALLE GmbH, Währingerstraße 26, 1090 Vienna, T: +43 (0) 505 79 1000, [email protected] — I/We hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) — ordered on (*) / received on (*) — Name(s) of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only required for notices provided by mail or fax) — Date (*) delete as applicable.
For the exercise of the right of withdrawal, the following applies:
You must return the received goods to us immediately, but no later than within 14 days of submitting the declaration of withdrawal. The retrieval period is met if the goods are dispatched within the deadline period.
The direct costs of returning the goods are to be borne by you. The return shipping costs vary depending on the goods and their value (as a reference, the delivery costs you paid for the shipment can be used).
You voluntarily provide the personal data necessary for the fulfillment of the contract. However, the purchase contract cannot be concluded if you do not provide your personal data. The requirement to collect and process personal data arises from the fulfillment of the purchase contract in question. You can find our privacy policy at: Privacy Policy
Offers made by us on the internet or in any other medium constitute a non-binding invitation to submit a corresponding purchase or sales offer to us.
If, after completing the ordering process in our online store, you click the ‘Place Binding Order’ button, you lock in the price and submit a binding offer to enter into a purchase contract for your order. You are bound by your offer for two business days from the time we receive it (Saturdays, Sundays, and public holidays in Austria are not considered business days). Your statutory right of withdrawal (cancellation right) remains unaffected.
After submitting your offer, you will automatically receive an order confirmation from us. This confirmation includes the relevant details of your purchase or sale. However, the order confirmation does not constitute acceptance of your offer by us.
The contract becomes legally binding if we accept your offer orally, by telephone, or in writing (including via email, order confirmation, or invoice) within the two-business-day period.
Payment for goods is made in advance. The invoice amount becomes due upon our acceptance of your offer and must be paid within 5 days. Unless you selected "Cash Payment upon Pickup" during the ordering process, payment must be made by a final and unconditional credit to our account. For bank transfers, it is sufficient if you initiate the transfer order on the due date.
If you do not pay the invoice amount within the period specified under Section 2.2 (‘Payment Terms’), you will be in default without the need for further notice.
In the event of default, the statutory default interest rate of 4% per year applies.
If you are in default, we are entitled to withdraw from the contract without setting an additional grace period. If we withdraw from the contract and you are at fault, we have the right to claim damages. These claims cover any losses incurred from holding the goods you ordered due to market price fluctuations from the time the purchase contract was concluded.
If shipment is delayed at your request, the risk transfers to you from the moment we declare the goods ready for shipment. The risk also transfers to you if you are in default.
Unless otherwise agreed, we will ship the goods you ordered no later than five business days after the purchase amount has been credited to our bank account.
Any deviations from standard delivery times will be indicated on the respective product page in our online store.
The shipping costs are at your expense. You can find the shipping costs on our website under Shipping Costs. The shipping costs will also be displayed before you submit your order.
When we ship the goods, the risk of loss or damage transfers to you only when the goods are delivered to you or to a third party designated by you who is not the carrier. However, if you arrange the shipping contract yourself without using one of our recommended shipping options, the risk transfers to you once the goods are handed over to the carrier.
For insurance reasons, we are entitled to make partial shipments if you purchase multiple items and the total price exceeds €10,000. However, under no circumstances are we permitted to deliver different sizes, versions, or weight compositions than those you ordered.
The goods remain our property until full payment of the purchase price has been made.
The statutory warranty provisions apply. The warranty period for the delivery or handover of movable goods is 2 years from the date of receipt.
Claims based on statutory warranty rights or other complaints can be submitted using the contact information provided in our legal notice (https://philoro.at/en/legal-notice).
For cash transactions with a value of €10,000 or more, we are required to verify the identity of our contracting partner and any beneficial owner. If you do not comply with this obligation, we are required to refuse the transaction.
If any information you have provided to us under anti-money laundering due diligence obligations changes during the course of the business relationship, you are required to notify us immediately (e.g., a change in the beneficial owner).
If you wish to sell goods to us, the following provisions apply.
You may submit an offer to sell goods to us through our online store. To do so, select one or more products you wish to sell and complete the purchase process in our online store. By clicking the ‘Sell Now’ button, you lock in the price at which you wish to sell the goods to us and submit your offer.
Your offer is binding for two business days from the time we receive it (Saturdays, Sundays, and public holidays in Austria are not considered business days).
You guarantee that the goods you wish to sell to us match the product selected in our online store and are free of defects (minor signs of use do not count as defects).
By submitting the sales offer, you declare that you hold full and unencumbered ownership of the goods offered for sale, are authorized to sell them, and can provide supporting documents if requested.
After you submit the sales offer, you will receive an automated confirmation from us. This confirmation includes the relevant details of your offer but does not constitute acceptance of your offer.
A legally binding contract is formed if we accept your offer orally, by telephone, or in writing (including by email or by sending an order confirmation) within the two-business-day period mentioned above.
Depending on the option you select during the sale process in our online store, you may deliver the goods you wish to sell to one of our branches or send them to us by mail. You must deliver or ship the goods to us within five business days. For shipments, it is sufficient if you hand the goods over to the carrier on the last day of this period. You bear the costs and risks associated with delivery or shipment.
If the goods you send us match your offer and are free of defects, we will transfer the purchase price to your account within one week or, by special agreement, pay you in cash at the branch you selected.
If the goods you send us do not match your offer or are defective, we will contact you immediately to discuss the next steps.
Contracts concluded based on these terms and conditions, including all aspects of their formation, validity, and enforcement, shall be governed by Austrian substantive law, excluding its conflict of law rules. Moreover, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
A complaint can be submitted directly to [email protected]. You also have the option to contact the EU Online Dispute Resolution platform at: http://ec.europa.eu/odr.
The general jurisdiction for claims by or against a consumer at the time of contract conclusion with us in Austria remains applicable, even if the consumer relocates their residence abroad after the contract is concluded, and Austrian court decisions are enforceable in that country.
Download General Terms and Conditions for Consumers (PDF)
These General Terms and Conditions (GTC) of philoro EDELMETALLE GmbH (philoro) apply exclusively to persons for whom legal transactions are part of their business operations (Businesses). A business is any permanent organization of independent economic activity, even if it is not profit-oriented, that enters into a business relationship with philoro in the course of its commercial or independent professional activity. Legal entities under public law are always considered businesses. In the following, the business is referred to as the 'Business Partner.'
If you are a consumer, these GTC do not apply to you. You can find the GTC for Consumers here.
philoro expressly rejects the Business Partner's terms and conditions. No such terms and conditions shall become part of the contract, even if philoro is aware of their existence, unless explicitly agreed otherwise in writing in a specific case.
If these GTC are also available in English, the German version shall prevail in the event of discrepancies.
The Business Partner has no right to withdraw from the contract.
Offers made by philoro on the internet or in any other medium constitute a non-binding invitation to the Business Partner to submit a corresponding purchase offer (order) to philoro.
The Business Partner may submit the purchase offer by telephone, fax, or by completing an order form in the online store. In the latter case, all order details will be displayed to the Business Partner before submission, allowing for any necessary corrections.
Submitting the order form constitutes an offer by the Business Partner to conclude a purchase contract with philoro. The Business Partner is bound by this offer for five business days from the time philoro receives the order (Saturdays, Sundays, and public holidays are not considered business days under these GTC). When placing an order via the online store, philoro will send the Business Partner confirmation of receipt of the order, including the relevant details of the order form (order confirmation). This order confirmation does not constitute acceptance of the offer by philoro but serves to inform the Business Partner that the order has been received.
A purchase contract is concluded at the time philoro sends an order confirmation or an invoice to the Business Partner. A purchase contract can also be concluded in another form, e.g., by telephone or by handing over or delivering the ordered goods.
philoro will deliver as long as stock is available and reserves the right to deliver an equivalent product depending on availability. If philoro does not receive the goods from its supplier and the goods are therefore unavailable within a reasonable period due to this or force majeure, philoro may withdraw from the contract.
philoro’s offers do not constitute investment advice or a purchase recommendation. It is expressly noted that precious metal prices are subject to market fluctuations, and philoro cannot predict future price developments.
Unless otherwise agreed, the prices applicable at the time philoro receives the Customer's order shall be deemed binding for sales transactions in euros, plus the applicable statutory value-added tax.
Shipping costs are generally borne by the business partner.
There are no restrictions on trading hours. Therefore, purchase offers may be submitted at the prevailing prices at any time.
Payment for goods is made in advance. The invoice amount is due immediately upon conclusion of the purchase contract and must be paid in full without deduction. If the business partner fails to pay the full invoice amount within five days of the due date, they will be in default without the need for a separate reminder. For bank transfers, payment must be made by final and unconditional credit to the account of philoro.
If payment is not received within the due period, philoro is entitled to withdraw from the contract without granting an additional grace period. philoro expressly reserves the right to claim default interest and damages.
The invoice amount shall accrue interest during the default period. The default interest rate is 8 percentage points per year above the base interest rate. philoro expressly reserves the right to claim further damages.
If shipping is delayed at the request of the Business Partner, the risk transfers to them from the moment philoro declares the goods ready for shipment. In any case, the risk also transfers to the Business partner if they are in default of acceptance.
philoro may coordinate the delivery date of the goods with the Business Partner. Delivery by philoro is carried out through a shipping company.
philoro is entitled to make partial deliveries and provide partial services at any time unless partial delivery or performance has been contractually excluded.
Even in the case of freight-free delivery by philoro, the risk transfers to the Business Partner as soon as the shipment is handed over to the shipping company or has left philoro’s premises for the purpose of dispatch. If shipping is delayed at the request of the Business Partner, the risk transfers to them upon notification of shipping readiness. Risk is also transferred if the Business Partner is in default of acceptance.
The execution of the transport does not affect the place of performance.
The goods delivered or handed over to the Business Partner remain the property of philoro until full payment has been received.
The Business Partner bears the burden of proof for the defectiveness of the goods at the delivery time.
The Business Partner must notify philoro in writing of any material defects within three business days (Saturday counts as a business day) from receipt of the goods. If the Business Partner fails to provide such notice, they forfeit any claims for warranty, damages due to the defect itself, and claims based on an error regarding the defect-free condition of the goods. Timely dispatch of the notice is sufficient to meet the deadline. The Business Partner bears the full burden of proof for all claim requirements, including the defect itself, the time the defect was discovered, and the timely submission of the defect notification.
philoro must be given the opportunity to remedy the defect within a reasonable period. If the remedy fails twice, the Business Partner may withdraw from the contract or request a price reduction, provided the defect is not merely minor. If the Business Partner chooses to withdraw from the contract after failed remedies, they are not entitled to damages for the defect, except in cases of intentional misconduct.
Descriptions of product characteristics - such as those provided in preliminary discussions, consultations, brochures, or advertisements - do not constitute a guarantee or an assurance of specific qualities by philoro.
philoro is liable in accordance with the mandatory legal provisions applicable to liability. Any liability on the part of philoro beyond these statutory provisions is excluded.
Claims for damages or reimbursement of expenses by the Customer - regardless of the legal basis, particularly for breaches of contractual obligations or tortious acts - are excluded to the extent permitted by law.
For cash transactions (over-the-counter transactions) of €10,000 or more, or when establishing a business relationship, philoro is required to verify the Customer’s identity in accordance with anti-money laundering regulations (KYC process).
The following purchase conditions apply to all purchase transactions, legal transactions, and services related to the purchase of goods by philoro from the Business Partner. In this case, the Business Partner is the Seller.
Offers or purchase prices published by philoro on the internet or in any other medium constitute a non-binding invitation to the Business Partner to submit a sales offer to philoro.
When submitting a sales offer for any item via the online store, fax, mail, or email, the Business Partner makes a binding offer to conclude a sales contract upon receipt of the order by philoro. At the same time, the Business Partner declares that they hold full ownership of the goods offered for sale or are otherwise authorized to sell them and shall provide supporting documentation if necessary. The Business Partner then ships the goods to the respective philoro branch. It is noted that the Business Partner bears the costs and risks of shipping the goods to philoro.
philoro reserves the right to accept the sales offer after reviewing the received goods, but no later than within five trading days. Acceptance of the purchase can be confirmed via fax, mail, or email. If no purchase confirmation is received by the Business Partner within the specified period, the sales offer is deemed rejected by philoro.
If goods are sent without a prior written sales offer, the shipment is considered a sales offer unless otherwise evident. Billing and payment of the purchase amount constitute acceptance of the offer.
The Business Partner guarantees that all information provided at the time of order placement, online store registration, or submission via mail, email, or fax (e.g., name, address, email address, bank details, etc.) is truthful. Any changes must be reported to philoro immediately.
If philoro accepts the sales offer before the Business Partner has shipped the goods, the Business Partner must ship the goods to philoro at their own expense and risk within five business days after acceptance of the sales offer. If the Business Partner fails to meet this obligation within the specified period, they will be considered in default.
The prices valid at the time of the sales offer submission to philoro apply to purchase transactions in euros, unless otherwise agreed.
The collection of goods sent by the Business Partner is generally at the Business Partner’s expense. Logistics options and the associated costs are published on philoro’s website. The Business Partner also has the right to arrange for the return shipment of the goods independently. In this case, the Business Partner bears both the shipping risk and shipping costs.
Standard trading hours apply, which can be viewed on philoro’s website. Offers submitted during these trading hours are subject to the respective price lists of philoro. For offers submitted outside trading hours, the price valid at the start of the next trading day applies.
In cases where goods are sent without a prior sales offer in accordance with the purchase conditions, the prices at the time of the goods’ arrival at philoro serve as the binding basis for billing
In the event of acceptance of the sales offer after receipt and inspection of the goods, philoro will transfer the purchase price to the account specified by the Business Partner within one week of completing the inspection, provided the goods meet the offer’s specifications and are free of defects.
If the sales offer is accepted before the goods have been received by philoro, philoro will transfer the purchase price to the account specified by the Customer within one week of receiving and inspecting the goods, provided the goods meet the offer’s specifications and are free of defects
The Business Partner agrees to treat their account and password confidentially after registering on the philoro website and to take all reasonable measures to prevent unauthorized use of their account. In the event of (even suspected) misuse of their account, the Business Partner must immediately inform philoro.
philoro will make every effort to ensure that the website is available without disturbance or error but cannot guarantee this.
philoro grants the Business Partner a limited right to use their account on the philoro website for personal purposes. This does not include any commercial use. Downloading, copying, reproducing in any form, or any other use of the website and the goods depicted thereon is only allowed with philoro's consent and with reference to the source.
If administrative or judicial investigations are initiated against the Business Partner, philoro shall have a right of retention and satisfaction in the amount of the expenses incurred or expected to be incurred by philoro due to these investigations and any resulting procedures (e.g., storage costs and legal correspondence).
In addition to or differing from the statutory provisions on retention and satisfaction, philoro is entitled to an immediate and extrajudicial right of satisfaction in all cases. This includes the right to extrajudicial disposal and sale at market value, as well as satisfaction from the proceeds of such a sale.
philoro is entitled to offset claims in all cases.
Contracts concluded based on these terms and conditions, including all aspects of their formation, validity, and enforcement, shall be governed by Austrian substantive law, excluding its conflict of law rules. Moreover, the application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.
For all disputes arising from legal transactions, including pre-contractual relationships or other legal relationships between philoro and the Business Partner, particularly those related to the formation, termination, dissolution, invalidity, and reversal of the contract, the exclusive jurisdiction of the competent court in Vienna, Innere Stadt, for commercial matters is agreed, unless otherwise agreed in writing.
In the event that individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions of this agreement shall not be affected. In the case of the inapplicability or invalidity of individual provisions, the invalid provision will be replaced by a new valid provision that comes as close as possible, both economically and legally, to the invalid provision, considering the purpose of these terms and conditions.