Therms and conditions
The operator of the online store registered under the domain of www.metalmarket.eu and the party to the agreements concluded by its intermediary shall be Metal Market Europe spółka z ograniczoną odpowiedzialnością with the seat in Warsaw, address: ul. Wiejska 11/1,
00-480 Warsaw, entered in the register of entrepreneurs (National Court Register) under number KRS 0000443179, whose registration documents are kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, with the share capital in the amount of PLN 5,000, tax identification number NIP 7831696976 and REGON statistical number 302346549, e-mail address email@example.com.
§ 1. Definitions
The terms used in these Terms and Conditions shall have the following meanings:
Client – any major natural person, legal person or an organisational unit not being a legal person vested with legal capacity by virtue of specific provisions of law that purchases or intends to purchase, respectively, goods by intermediary of the Online Store.
Consumer – any Client who is a natural person that performs a legal act not related directly with its economic or professional activity.
Online Store – an online service in Polish, English and German, available on www.metalmarket.eu by intermediary of which the Client may, in particular, place orders.
Registration Form – a form drawn up in Polish, English and German available in the Online Store, which allows for opening a Client Account.
Order Form – an online service, an interactive form in Polish, English and German, available in the Online Store, which allows for placing an order, in particular by adding Goods to the electronic cart and specifying the terms and conditions of sale agreement, including the delivery and payment methods.
Client Account – an individual panel in the Online Store launched for the benefit of the Client by the Seller, after filling in the Registration Form and sending it to the Seller, via which the Online Store performs services for the Clients in order to facilitate conclusion of the distance Sale Agreement and contact with the Online Store, agreement settlement, allowing for planning by Clients of shopping and tracking selected Goods.
Cart shall mean an interactive form available on the www.metalmarket.eu website that is used to contact the Online Store and that allows the Client to place an offer of Goods purchase.
Contact details shall mean in the case of natural persons: name, surname, residential address, correspondence address – if it is different than the residential address, e-mail address and phone number. If the ordered goods or services pertain to the economic activity performed by a natural person, the contact details of a natural person include also the business name and tax identification number (NIP); in the case of legal persons or organisational units not being legal persons which are vested with legal capacity by virtue of law: business name, seat, correspondence address, tax identification number (NIP), e-mail address, phone number.
Terms and Conditions – these Terms and Conditions of rendering services in the electronic way via the Metal Market Europe Online Store.
Goods – items which are sold by intermediary of the Online Store for which the Client may place its purchase offer.
Bullion coins (investment coins) – coins struck from precious metals (in particular gold, silver, platinum) for investment purposes.
Delivery – service of Goods delivery in the territory of the Republic of Poland, Member States of the European Union, the United States of America available for the Client following the purchase of Goods.
Sale Agreement – an agreement for the sale of Goods concluded by and between the Seller and the Client as a result of and at the moment of accepting the offer of the Client by the Seller.
Order – statement of will of the Client directly leading to the conclusion of the Sale Agreement, which specifies in particular the type and quantity of the Goods.
Commercial Information/Newsletter – information destined directly or indirectly to promote the goods and services sold by the Seller.
§ 2. General provisions
The Seller shall have all the rights to the Online Store, including the right to use the author’s economic rights to the name, internet domain, website as well as to the templates, forms, logotypes and photos. The Seller shall not infringe the copyright of any other third parties with its actions. Using the above-mentioned rights may be made solely in a manner specified in and in compliance with the Terms and Conditions.
These Terms and Conditions shall specify the terms and conditions of use of the Online Store available on www.metalmarket.eu and they shall specify the terms and conditions of paid services rendered in the electronic manner by the Seller. Application of these terms and conditions may be excluded solely by written agreement of the parties for such an exclusion to be valid. The Seller may modify these terms and conditions. In such a case, the Seller shall notify the registered Clients of the modifications made. Any Client who does not agree to the modifications proposed by the Seller may terminate the agreement on the conditions specified in § 3 clauses 7 and 8 hereinafter. It shall be inferred that Clients who fail to terminate the agreement within 7 (seven) days of the day on which they received notice of modifications accept such modifications. Any modifications to these terms and conditions shall enter into force after 14 (fourteen) days of the day of sending by the Seller of the notice of modifications by e-mail or within the time limit specified in the notice if the time limit is longer than 14 days.
Clients may access these Terms and Conditions at any time by using the link put on the home page of the Online Store available on www.metalmarket.eu as well as download and print it out.
The Terms and Conditions shall specify in particular: the conditions of registration and use of the Client Account in the Online Store, the conditions and rules of placing Orders in the electronic way in the Online Store, the conditions of concluding Goods Sale Agreement with the use of the services rendered in the Online Store, technical requirements for the cooperation with the teleinformation system (personal computer, laptop, etc.) used by the Client, the complaint procedure.
Confirmation of the essential terms and conditions of the Sale Agreement concluded by and between the Seller and the Client shall be made by sending to the e-mail address provided by the Client of information on the purchase made. Essential terms and conditions of the Sale Agreement are the terms and conditions referred to in Article 12 of the Act of 30 May 2014 on consumer rights (consolidated text in the Journal of Laws of 2017, item 683). The Client shall get familiar with the description of the goods or services, terms and conditions of purchase, price list as well as all the provisions of these Terms and Conditions prior to use the services rendered by the Online Store, which shall be a condition of using those services.
The offer presented on the website of the Online Store, as well as any descriptions of the Goods shall constitute solely commercial information and not an offer within the meaning of the Civil Code. The Sale Agreement shall be concluded when the Seller accepts the Client’s purchase offer made in the Order Form.
The Seller shall encrypt data, however it may not guarantee full protection of data, that is why the Client shall accept the risk of unauthorised access and use of data entered in the platform of the Online Store or sent via e-mail.
The Client shall not use the Online Store for any actions contrary to law.
All investments carry some risk, in particular investments in coins and bullion coins. The Client shall bear all such risk. The value of coins and bullion coins depends on a number of economic factors. There are many financial advisors on the financial market – the Client may use their advice before or during investment in coins or bullion coins.
Sale of Goods in the Online Store shall be made on the conditions set out in these Terms and Conditions and the provisions of law. The general conditions of purchase of goods used by the Clients who are not consumers shall not apply.
Any disputes resulting from or in connection with the Order or with the Sale Agreement concluded in connection with the Order with a Client who is not a Consumer shall be resolved only by the courts with the jurisdiction over the seat of the Seller.
These Terms and Conditions, as well as any agreements concluded by intermediary of the Online Store, shall be governed by the Polish law.
§ 3. Registration in the Online Store and opening a Client Account
Registration in the Online Store and using the functionalities of the Online Store made available by the Seller shall be free of charge.
In order to register the Client: (a) shall select the command “Register” available on www.metalmarket.eu, (ii) give their e-mail address, (iii) accept the Terms and Conditions of the Online Store, (iv) grant consent for the processing of personal data by the Online Store in order to conclude and perform the Client Account service and (v) grant consent for storage of cookie files on the Client’s computer.
As a result of registration the Seller opens the Client Account where data and information about the Client are stored. The agreement for the provision of services by the Online Store within the Client Account shall be made for an indefinite period.
After sending a completed Registration Form, the Client shall immediately receive in the electronic way to the e-mail address provided in the Registration Form the Seller’s confirmation of the Registration. At this moment an agreement for the provision of service of running the Client Account in the electronic way is concluded, and the Client is given access to the Client Account and may make amendments to the data provided during registration, except for the login which remains unchanged.
By registering, the Client represents to have read these Terms and Conditions and to have accepted them and it has agreed to store cookie files on their computer.
Access to the Client Account is protected with a password. The choice of the password is made by the Client who shall be solely liable for the choice and proper protection of the password and login. The Client shall also be solely liable for providing and keeping a proper e-mail address for the purposes of correspondence with the Seller. The Client shall be liable for ensuring that any communication with the Seller is made solely by intermediary of the person or persons duly authorised by the Client. Thus, the Seller may at any time assume that any correspondence was made in a manner binding for the Client, in particular that any Sale Agreements concluded within the Online Store are binding for the Client. All personal details of the webshop customers will be stored by the seller until the request to remove them is received. Subject to item 8 below, the Client may at any time terminate the agreement for the provision of the Client Account service with immediate effect without stating the reason for this by deleting the account. In order to delete the account the Client shall send an e-mail to the address of the Seller with a request to remove the account.
In the event of termination of the Client Account service agreement after placing an Order but prior to its execution by the Seller, the Client Account service agreement shall be terminated at the time of execution by the Seller of the last Order.
The Seller may terminate the Client Account service agreement when the Client violates the provisions of these Terms and Conditions, in particular when the Client provides untrue personal data, fails to make timely payment twice or the Client fails to collect the delivery twice in due time. Termination shall be made by e-mail sent to the e-mail address indicated by the Client in the account settings.
The Seller may refuse to conclude again an agreement for the provision of the Client Account service (re-registration) with the Client whose agreement for the provision of the Client Account service was terminated by the Seller in accordance with item 9 above.
§ 4. Placing Orders
The Client may place an Order solely following registration and logging in to the Client Account.
Information about the Goods included in catalogues, price lists, announcements, commercials and other marketing materials of the Seller shall constitute an invitation to negotiate and not an offer.
In order to place an Order the Client shall:
a) select the Goods which are the subject of the Order and then click the button “Add to basket” or “Buy”, and then specify in the order panel the quantity of the Goods to be purchased;
b) having selected the Goods, the Client shall go to the cart by using the icon “Cart” located in the top right-hand corner and provide the data necessary to execute the Order, that is: e-mail address, name and surname, address; while placing the Order the Client shall provide true and correct contact and personal data;
c) select the Delivery method;
d) in the case of placing an Order with Delivery (dispatch) – enter the data of the Order recipient and the address to which the Goods are to be delivered as well as provide the phone number for the purpose of contact for matters connected with receipt if they are different than the data provided by the Client during registration;
e) select the payment method;
f) confirm the Order by clicking the button “I order and shall make the payment”.
Some products in the webshop have quantity limits set up. The quantity limit permits a single Customer to place an order for the quantity of the product not exceeding the limit set up by online shop service managers. The Customer is informed about the quantity limit upon typing in and confirming the quantity of the product he wishes to purchase in the online shop.
In case of placing multiple orders by the single Customer and/or for the single delivery address for the product that has been assigned the limit, if the quantity limit per Customer is exceeded, the company reserves the right to cancel the orders. If due to system malfunction a single order was placed exceeding the per Customer limit, the company reserves the right to adjust the order accordingly. The Customer will be informed by e-mail about the adjustment or cancellation of the order.
Prior to placing the Order, the Client may and shall get familiar with the photos of the Goods and their descriptions placed next to the photos made available on the website of the Store.
The service of the Electronic Order shall be rendered free of charge by the Seller and it shall be of one-off nature. It shall terminate when the Order is placed or when the Client ceases to place the Order.
In the course of placing the Order – until the button “I order and shall make the payment” is pressed – the Client shall be given the chance to modify the Order or resign from it. To do so, they should follow the notices displayed and the information available on the website.
Each time prior to placing the Order the Client shall be informed about the total price for the Goods and Delivery as well as any additional costs they shall incur in connection with the conclusion of the Sale Agreement.
Placing an Order by the Client shall mean making the Seller an offer to conclude a sale (purchase) agreement for the Goods ordered by the Client.
At the time of placing an Order by the Client the total price for the Goods shall be final and may not be changed.
When the Order is placed, the Client shall be sent to the e-mail address it provided an electronic confirmation that the Seller received the Order placed with its summary. The summary of the Order placed shall include the following information: data of the Online Store, including its detailed correspondence address, e-mail address and phone number, unit and total price for all the Goods, the cost of Delivery and other costs of performing the Sale Agreement, including the day on which the Delivery will be made, and should there be any restrictions as to the Delivery, for example pertaining to its weight or location, also the restrictions, payment method, and in the case of Clients who are Consumers also the information on the right of withdrawal from the agreement without stating the reason within 14 days and the information on the conditions of liability of the Seller on account of the statutory guarantee.
The Seller confirms the acceptance of the Order by e-mail sent from firstname.lastname@example.org to the e-mail address indicated by the Client. The Sale Agreement is concluded when the Seller sends its confirmation of the offer acceptance subject to the condition set out in § 5 item 6. The Seller may refuse to accept the Order (i) if the Order Form was filled in incorrectly or (ii) if the Client violates these Terms and Conditions or (iii) for any other material reason.
The Client is the only person to be liable for any mistakes made by it or by the persons acting in its name in the course of placing the Order. When the Order is placed by the Client by pressing the button “I order and shall make the payment”, the Order may not be changed or cancelled, unless the parties decide otherwise.
The Sale Agreement shall be made in English.
The Client may assign the rights and obligations ensuing from the agreement only after prior written consent of the Seller.
The Online Store shall allow for ordering Goods 24 hours a day, 7 days a week and 365/366 days a year.
The proof of purchase of Goods for a Client who is not a Consumer shall be a VAT invoice, and the proof of purchase of Goods for a Client who is a Consumer shall be a receipt. A Client who is a Consumer may request that a VAT invoice be issued solely in the Order Form. When the Order Form contains no such request, the Seller shall issue only a receipt.
The Seller reserves itself the right to refuse execution of the Order for material reasons and for reasons beyond its control, such as for example cessation of production of given Goods, stockout of given Goods at a given producer, etc. In the event of refusal to execute the Order, the Seller shall refund the Client any payments made by the Client in connection with the Order which may not be executed within 14 days of notifying the Client of no possibility to execute the Order.
§ 5. Prices and payment methods
The prices indicated in the Online Store are expressed in EURO and are gross prices, that is they include VAT.
The prices of Goods do not include the costs of Delivery and any other costs of conclusion of the Sale Agreement such as any additional costs of payment via payment systems available in the Online Store, for example dotpay.
The information about the total value of the Order is presented in the Cart after the Client selects the method of Delivery of the Order and the payment method, as well as in the Order summary sent to the Client by the Seller.
The Client may select one of the following payment methods: bank transfer, cash, cash on delivery, PaylPal, dotpay and Tpay.com.
The Seller reserves itself the right to make available other forms of payment, also based on individual arrangements with the Client.
The Sale Agreement shall be made provided that the Client makes the payment of the full amount ensuing from the Order, that is the price, costs of Delivery and any other costs of the Sale Agreement within the time limit no longer than 2 business days.
§ 6. Execution of the Order and Delivery of Goods
Execution of the Order, that is purchasing by the Seller of the Goods ordered by the Client and their dispatch, shall be made on business days from Monday to Friday.
Orders placed on holidays shall be deemed to be placed on the first business day following the day on which the Order was placed.
The costs of delivery shall be made by the Client. The Client shall be informed about the costs of delivery when placing the Order.
In the event of deliveries of Goods to countries located outside the territory of the European Union, the Client shall be fully liable for covering customs payment and any taxes which may be imposed on the Client in connection with the execution of the Order to the address indicated by the Client.
The delivery of Goods is made by Global Logistics Iwicki Krzemiński sp. j. to the address of the Client provided in the Order Form.
The time of execution of the Order commences from the payment of the entire price and costs until the moment of dispatching the Goods by the Seller. Approximate time of execution of the Order shall be 14 business days.
The Delivery time depends on the Delivery method selected by the Client. The approximate Delivery time shall be indicated in the Order Form for each Delivery option.
A change of the delivery address is possible when the Seller approves it, until the moment the Goods are issued by the Seller. In order to change the delivery address, the Client shall inform the Seller of its intention to change the delivery address in writing or by e-mail. The consent of the Seller to the change of address shall be made expressly in writing or by e-mail (it may not be implied).
If Delivery to the Client who is not a Consumer may not be made for any reason other than the reason attributable only to the Seller, the Goods shall be returned to the Seller for storage. In such a case, the payment for storage shall amount to 0.2% of the value of the Order for one day of storage and the Client who is not a Consumer shall make such payment at the first request of the Seller. Any subsequent attempts to deliver the Goods shall be made at the cost of the Client, solely subject to prior payment of such costs by the Client.
Subject to item 11 below, the Seller shall be liable for the risk of accidental loss of or damage to the Goods until the moment the Goods are issued to the Client who is a Consumer. In the event of Clients who are not Consumers the Seller shall be liable for the risk of accidental loss of or damage to the Goods until they are issued to the carrier or courier.
The Client shall be the sole person to take the risk of accidental loss of or damage to the Goods in the event of instructing the carrier or courier who makes the Delivery or granting consent to leave the Goods by the carrier or courier with another person or at a different address, in particular with security guards, building administrator, neighbour, post box, etc.
In the event of an unjustified refusal to receive the delivery by the Client, the Seller shall have the right to charge the Client with the costs of delivery and return delivery to the sender.
§ 7. Statutory guarantee
The Seller, pursuant to Article 558 § 1 of the Civil Code, in the case of Clients who are not Consumers, shall fully exclude the liability for physical and legal defects (statutory guarantee), except for liability for items missing in the Delivery, which the Client who is not a Consumer shall notify within one business day of Delivery of Goods or otherwise the Client shall lose the right to refer to such missing items. As to the Clients who are Consumers, the Seller shall be liable under the statutory guarantee for physical or legal defects pursuant to the provisions of Articles 556 – 676 of the Civil Code.
In the event of defects or Goods being incompatible with the offer, the Client who is a Consumer shall have the right to make a complaint for the Goods by notifying the Seller and making a statement of will in any form, in particular in writing and send it to the address: ul. Wiejska 11/1 Warsaw, by e-mail to the address: email@example.com or by the complaint system available in the Online Store.
A Client who is a Consumer and who executes its rights under the statutory guarantee shall deliver the faulty item to the address of the Seller at the cost of the Seller.
Within 14 calendar days the Seller shall present its standpoint regarding the complaint made by the Client. The time limit shall be kept if following its lapse the Seller sends to the Client its reply for the complaint.
The Client who is a consumer may in its complaint request that the Seller replace the purchased item for an item free from defects or – if this is physically possible – to remove the defect.
The Client who is a Consumer shall have the right to request that the price be lowered unless the Seller immediately and without excessive inconvenience replaces the item for an item free from defects or removes the defect.
A Client who is a Consumer may not withdraw from the agreement if the defect is insignificant.
The complaint notification shall include the following data: name and surname, correspondence address as well as e-mail address and phone number, subject of the complaint (item name, type and quantity), cause of the complaint, specification of Client’s demand, signature (by own hand in the event of a complaint sent by post).
The Seller shall be liable for physical or legal defects of Goods only in the case of determination of the defects before the lapse of two years of receipt of Goods by a Client who is a Consumer.
The Seller shall inform the Client who is a Consumer about the result of the complaint by writing to it to the e-mail address indicated in the complaint notification, and in the case of written complaints – to the address indicated by the Client who is a Consumer.
If execution of demands of a Client who is a Consumer requires sending the Client new Goods or removing inconvenience, the Seller shall cover the costs of delivery of Goods from the Client to the Seller as well as re-delivery of Goods from the Seller to the Client.
If a complaint of the Client who is a Consumer is deemed unjustified, the Seller within 21 days of receipt of Goods shall send back the Goods covered with the complaint to the Client at its cost.
The Client who is a Consumer may also use out-of-court ways of considering complains and pursuing claims, such as: mediation by the provincial inspectorates of the Trade Inspection, permanent consumer arbitration courts, ombudsmen and non-governmental organisations.
If a Client is a Consumer, any disputes arising in connection with the Terms and Conditions of the Online Store or sale agreements may also be resolved by the internet platform of http://ec.europa.eu/consumers/odr/.
§ 8. No right of the Client to withdraw from the Sale Agreement
Pursuant to Article 38 item 2 of the Act of 30 May 2014 on consumer rights (consolidated text in the Journal of Laws of 2017, item 683), the Client who is a Consumer shall not have the right to withdraw from the Sale Agreement due to the fact that the price set for the Goods depends on fluctuations on the financial market, which are beyond the control of the Seller and which may occur prior to the lapse of the time limit for withdrawal from the agreement.
§ 9. Privacy Protection
The Client grants its consent to the collection and processing of personal data within the meaning of the Act of 29 August 1997 on personal data protection (Journal of Laws of 2016, item 922), needed for registration in the Online Store and for processing and executing Orders. The persons whose personal data are provided by the Client shall have the right to access their data, amending them and request that they be deleted. The Client understands that making payment for the Goods via electronic payment services may require the Client to provide personal data, which shall be regulated by the terms and conditions of the acquirer.
§ 10. Client’s obligations and intellectual property protection
The Client shall in particular: use the Online Store in a manner which does not disrupt its operation, in particular by using specific software or devices; not take actions such as sending or placing in the Online Store unsolicited commercial information (spam); use the Online Store in a manner which is not inconvenient for other Clients and for the Seller; use all information placed in the Online Store only for its own use; use the Online Store in accordance with Polish law, the provisions of the Terms and Conditions and the general rules of using the Internet.
It shall not be allowed to use any materials published on the website of the Online Store without prior written consent of the Seller.
§ 11. Free-of-charge services
The Seller shall render for the benefit of the Clients, in the electronic manner, free-of-charge services, such as: the Form, Newsletter, keeping the Client Account.
The services shall be rendered 7 days a week, 24 hours a day, 365/366 days a year.
The Client may grant its consent to receive advertising materials or any other commercial information from the Seller, in particular via electronic means of communication. The consent may be granted by ticking the consent option at the stage of registration or at a later time.
The Newsletter service may be used by any Client who enters its e-mail address, using for this purpose the registration form made available by the Seller on the website of the Online Store. After sending a completed Registration Form, the Client shall immediately receive, by e-mail sent to the address indicated in the registration form, registration confirmation. The agreement for the provision of the Newsletter service via e-mail is concluded at this moment.
Each Newsletter shall include information about the possibility and manner of resignation from the free-of-charge Newsletter service.
The Client may at any time resign from receiving Newsletters by unsubscribing via a link included in each e-mail sent as part of the Newsletter service or by activation of a specific field in the Client Account. § 12. Technical support
1. Customer Service
disruptions in the operations of the Store e-mail: firstname.lastname@example.org
Enjoy your shopping experience!