General Terms and Conditions for Sales to GP METALLUM
Version: 30 September 2026
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply to purchases made by
GP METALLUM
Gerd Poskowski
Marienkäferweg 38
14532 Stahnsdorf
Germany
– hereinafter referred to as “GP METALLUM” or the “Buyer” – of resalable precious metal products made of gold, silver, platinum or palladium in their existing form, in particular coins and bars.
The purchase of scrap, melting material or other precious metal scrap is not covered by these Terms and Conditions.
1.2 Sellers may be consumers or entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 These Terms and Conditions become part of the purchase agreement if, before submitting their contractual declaration, the Seller has been informed that they apply, has had the opportunity to take note of their contents and has agreed to their application.
The General Terms and Conditions for purchases by GP METALLUM and, where shipping has been agreed, the packaging and shipping instructions in the version specified in the respective purchase form can be accessed, saved and printed at https://www.gp-metallum.de/AGB-Verpackungsvorschriften-Ankauf .
In the case of an in-person sale, the applicable terms and conditions are available at GP METALLUM in paper form for inspection and will be handed to the Seller upon request.
Subsequent amendments shall apply to a purchase agreement that has already been concluded only if they are agreed with the Seller or are exclusively more favourable to the Seller.
1.4 Deviating General Terms and Conditions of a Seller acting as an entrepreneur shall not apply unless GP METALLUM expressly agrees to their application. Individual agreements shall take precedence over these Terms and Conditions.
2. REQUIREMENTS FOR PURCHASE AND IDENTIFICATION
2.1 GP METALLUM purchases from natural persons only if they are at least 18 years of age and have full legal capacity.
2.2 The Seller generally acts in their own name and for their own account. If a person acts as a representative for a third party or for a company, that person must be validly authorised to do so and must provide GP METALLUM with the required information and evidence.
2.3 The Seller warrants that they are the owner of the items offered for sale or are otherwise validly entitled to dispose of them.
2.4 The items offered must be free of third-party rights unless expressly agreed otherwise. In particular, there must be no liens, security interests, retention of title arrangements or other third-party rights that would prevent valid transfer of ownership.
2.5 The Seller warrants that the items offered were lawfully acquired and in particular do not originate from theft, embezzlement, fraud or any other criminal offence.
2.6 GP METALLUM carries out purchases only after the Seller's identity has been documented. Identification serves in particular to establish and document the Seller's identity, date of birth and legal age and to provide evidence of the receipt of the goods and the identity of the Seller.
For in-person transactions, a valid official photo identification document must be presented. A copy of the identification document will only be made or processed where this is legally permissible or required. Where permissibility is based on the consent of the document holder, the copy will only be made with that person's consent. Any copy made will be clearly marked as a copy.
For remote purchases, the identification procedure provided for by GP METALLUM generally requires the transmission of a clearly recognisable copy or corresponding image of a valid identity card or passport. If, in an individual case, statutory requirements, in particular anti-money laundering requirements, require a more extensive or special identity verification procedure, GP METALLUM may additionally require the use of a legally suitable identification procedure and further information or evidence.
The processing of personal data is otherwise governed by the GP METALLUM Privacy Notice.
2.7 In the case of companies or other organisations, the information and evidence required to establish the company, its tax classification and the authority of the person acting on its behalf must additionally be provided, including – depending on the legal form and individual case – business registration documents, register information, tax information and evidence of authority to represent the organisation.
2.8 Where statutory provisions, in particular the German Anti-Money Laundering Act, impose additional identification, cooperation, recording or retention obligations in the individual case, these shall apply in addition. GP METALLUM may require further information or evidence for this purpose.
2.9 No purchase will be processed without successful identification and without the information and evidence legally required in the individual case.
3. PURCHASE AGREEMENT, CONCLUSION OF CONTRACT AND PRICE COMMITMENT
3.1 Purchase prices and price discussions communicated by telephone, verbally, by email, messenger service or by other means before the purchase form is sent generally serve only to prepare the purchase. They shall constitute a binding contractual offer by GP METALLUM only if GP METALLUM expressly states this.
3.2 The basis of the purchase is generally a purchase form prepared by GP METALLUM. In particular, the items intended for purchase, quantities and agreed purchase prices are recorded in this form. Instead of a complete itemisation in the purchase form, reference may be made to a clearly identified attachment or price list, in particular an email identified by date, provided that it is available to the Seller before signing and becomes part of the purchase agreement.
3.3 Unless otherwise stated therein, the purchase form sent by GP METALLUM containing the agreed purchase prices constitutes the binding purchase offer by GP METALLUM. The purchase contract is concluded as soon as the purchase form, fully completed and signed by the Seller, is received by GP METALLUM within the commitment period stated therein.
3.4 The purchase prices agreed in the purchase form apply on the condition that the Seller hands over the items listed therein to the carrier designated by GP METALLUM or personally delivers them to GP METALLUM no later than the date stated in the purchase form.
If no specific final handover or delivery date is stated in the purchase form, the price commitment period shall be three working days from the time of price fixing stated therein.
For the purposes of this provision, working days are Monday to Friday, excluding statutory public holidays at the place of handover; in the case of personal delivery, statutory public holidays at the registered place of business of GP METALLUM shall be relevant.
3.5 For compliance with the deadline in the case of shipping, the verifiable handover to the carrier designated by GP METALLUM shall be decisive, not the time at which the shipment is received by GP METALLUM. Delays occurring after timely handover and solely within the carrier's area of responsibility shall not affect the agreed price commitment.
3.6 Where GP METALLUM still has to provide the Seller with shipping labels, a specific allocation of items to individual parcels or other shipping information essential for timely handover, the deadline under section 3.4 shall be extended by the period of any delay attributable to GP METALLUM. This shall not apply where the delay is due to the Seller failing to provide required information, identification documents or other documents for which the Seller is responsible in good time.
The same shall apply to personal delivery if GP METALLUM is unable, for reasons within its area of responsibility, to offer a reasonable handover appointment within the price commitment period.
3.7 If handover or personal delivery does not take place within the agreed period for a reason attributable to the Seller, GP METALLUM shall be entitled to withdraw from the purchase contract due to possible changes in precious metal and market prices. Instead of or before exercising its right of withdrawal, GP METALLUM may submit a new purchase offer to the Seller based on the purchase prices then applicable.
The new offer may be accepted within three calendar days of receipt unless another period is specified therein. If it is not accepted within the applicable period, GP METALLUM shall remain entitled to exercise its right of withdrawal.
3.8 The agreed purchase prices apply exclusively to the items specified in the purchase form or incorporated attachment in the quantity, type, version and – where relevant to the price – condition stated therein.
4. RECEIPT OF GOODS, INSPECTION, DISCREPANCIES AND DOCUMENTATION
4.1 After receipt of the goods, GP METALLUM checks in particular:
- compliance with the purchase form or incorporated attachment,
- quantity or weight,
- type and version,
- authenticity,
- fineness, where required,
- condition and resale suitability.
In the case of goods received in accordance with the agreement and without any particular need for clarification, inspection and preparation of the purchase credit note shall generally take place within two working days after receipt of the goods.
4.2 The opening of incoming purchase shipments is generally recorded on video for documentation and evidentiary purposes. If the transaction is completed without objection, the recordings will be deleted promptly after completion of the inspection, preparation of the purchase credit note and payment.
If clarification is required, in particular due to a quantity discrepancy, damage, missing contents, doubts regarding authenticity or a possible transport or insurance claim, the recordings may be retained until final out-of-court or judicial resolution. Details of data processing are set out in the GP METALLUM Privacy Notice.
4.3 If a smaller quantity of an agreed item is delivered than agreed, GP METALLUM may settle the quantity actually received at the agreed unit price, provided there is no indication of loss or missing contents during transport. Further rights resulting from incomplete delivery shall remain unaffected.
4.4 If an item does not comply with the purchase agreement in terms of type, authenticity, fineness, version, condition or any other characteristic relevant to the purchase price, GP METALLUM is not obliged to purchase that item at the agreed price. GP METALLUM may reject the affected item or submit a new binding purchase offer for it.
The new offer may be accepted within three calendar days of receipt unless another period is specified therein. If the offer is not accepted, the affected item shall be returned in accordance with section 6.
Unaffected items delivered in accordance with the contract shall generally be settled at the agreed prices unless the parties have expressly agreed that the transaction is to be treated solely as one economic unit.
4.5 In the case of counterfeit, altered or other items that do not comply with the purchase agreement, there shall be no entitlement to payment of the purchase price intended for such items. GP METALLUM's statutory rights shall remain unaffected.
4.6 If there are indications that a discrepancy in quantity, damage or missing contents occurred only during transport, GP METALLUM may defer settlement of the affected part for the reasonable period required to clarify the circumstances. Undisputed parts of the purchase shall not be affected.
The Seller shall cooperate to a reasonable extent in clarifying a transport or insurance claim and shall in particular provide any available proof of posting or handover, photographs, packaging documentation or other information required to clarify the loss or damage.
If it is established that the Seller handed over the goods in full, in accordance with the contract and in compliance with the agreed shipping instructions, to the designated carrier and the transport risk has passed to GP METALLUM in accordance with section 6, the Seller's entitlement to the agreed purchase price shall not be affected by any outstanding settlement by a transport insurer or carrier.
4.7 Inspections are carried out using suitable and customary methods. Where an inspection would require an intervention that could damage the item or reduce its value, GP METALLUM will carry out such an intervention only if this has been agreed or the Seller has given prior consent.
4.8 If specific irregularities require a more extensive examination, an external assessment or clarification of a transport or insurance claim, the standard period stated in section 4.1 may be extended by the period objectively required for this purpose. GP METALLUM will inform the Seller of the reason for the delay.
5. PURCHASE CREDIT NOTE, PAYMENT AND VAT TREATMENT
5.1 Following successful inspection of the goods and completion of the required identification, GP METALLUM will prepare the purchase credit note or settlement statement and arrange payment without undue delay.
5.2 Payment will generally be made to the bank account provided by the Seller. GP METALLUM may require the specified account to be held in the name of the Seller or the company validly represented by the Seller.
5.3 Where expressly agreed and permissible under the applicable statutory and European Union requirements, payment may also be made in cash. The Seller shall separately confirm receipt of any cash payment.
5.4 If the Seller is an entrepreneur, the VAT treatment shall depend on the type of item sold and the applicable statutory provisions.
In the case of gold, the special provisions for investment gold under section 25c of the German VAT Act (UStG) and, in the case of certain supplies of gold, the reverse-charge mechanism under section 13b subsection 2 no. 9 UStG may apply.
In the case of certain supplies of silver and platinum-group metals, including platinum and palladium, which fall within Annex 4 to the German VAT Act according to their customs tariff classification, the recipient shall be liable for VAT under section 13b subsection 2 no. 11 UStG where the statutory requirements are met and the total consideration to be invoiced for such supplies within one economic transaction amounts to at least EUR 5,000.00.
The application of these provisions depends on the specific tax and customs tariff classification of the respective item and not solely on the precious metal used.
5.5 A Seller acting as an entrepreneur must provide the information required for correct VAT treatment and – where legally required – issue a proper invoice or agree to a legally permissible self-billing procedure.
5.6 Inspection, transport, insurance or other costs separately stated in the purchase form will only be charged or offset where there is a contractual or statutory basis for doing so.
6. TRANSPORT, PACKAGING, INSURANCE AND RETURNS
6.1 Where shipping is organised or specified by GP METALLUM, the packaging and shipping instructions applicable to the specific purchase in the version stated in the purchase form shall apply.
The packaging and shipping instructions can be accessed, saved and printed together with the General Terms and Conditions for purchases at https://www.gp-metallum.de/AGB-Verpackungsvorschriften-Ankauf .
The value, weight and other insurance limits stated therein may change as a result of the conditions imposed by the carriers used or the transport insurance. The limits communicated to the Seller for the specific purchase before conclusion of the contract shall be decisive.
6.2 After conclusion of the contract and once the required information and documents have been provided, the Seller will receive the shipping labels required for the specific transport and – where necessary – the specific allocation of items to individual parcels.
The Seller must use exclusively the shipping labels, transport routes and logistics providers specified by GP METALLUM for the specific purchase and must comply with the communicated value and weight limits and the specified allocation of items to parcels.
6.3 The goods must be packed securely and in a manner suitable for transport in accordance with the agreed packaging and shipping instructions. Binding requirements and mere recommendations will be identified accordingly in the packaging and shipping information.
6.4 Upon verifiable handover of the goods complying with the contract to the carrier designated by GP METALLUM, GP METALLUM shall bear the risk of accidental loss and accidental deterioration during transport, unless an individual agreement provides otherwise.
6.5 The Seller must hand over the goods to the carrier in a verifiable manner in accordance with the shipping instructions and retain the proof of posting or handover until GP METALLUM confirms receipt of the goods.
6.6 If the Seller deviates without compelling reason from a shipping, packaging, value, weight or parcel allocation requirement that is material to safe transport or insurance cover, the Seller shall be liable in accordance with statutory provisions for any damage caused as a result.
If an insurance payment is wholly or partially refused specifically because of a deviation from a material requirement for which the Seller is responsible, the Seller shall bear the resulting damage to the corresponding extent.
6.7 Delays by the carrier after timely and properly documented handover by the Seller shall not be borne by the Seller.
6.8 If goods are returned because a new purchase offer has not been accepted, because of a valid withdrawal from the purchase contract or because of a discrepancy from the purchase agreement, the return shipment will generally be made using a carrier selected by GP METALLUM.
If the need for return shipment results from a late handover for which the Seller is responsible, incorrect or incomplete information provided by the Seller, or because the goods sent do not comply with the purchase agreement for reasons within the Seller's area of responsibility, in particular because they are different, counterfeit, altered or materially different from the agreed characteristics, the Seller shall bear the previously communicated or otherwise reasonable actual costs of outward and return transport, including any agreed transport insurance.
Where the return is required for a reason for which the Seller is not responsible and which cannot be attributed to the Seller's area of responsibility, GP METALLUM shall bear the return shipping costs.
6.9 GP METALLUM may retain the returned goods until due transport or insurance costs arising from the same purchase relationship have been paid, insofar as a statutory right of retention exists.
6.10 Where GP METALLUM organises the return shipment, GP METALLUM shall bear the risk of accidental loss or accidental damage until proper handover to the Seller or a person authorised by the Seller to receive the goods, unless the Seller has independently arranged a different delivery or transport method.
6.11 If the Seller organises shipping independently without using a shipping procedure provided or expressly approved by GP METALLUM, in particular in the case of shipping from abroad, transport insurance cover arranged by GP METALLUM shall exist only if this has been expressly agreed. Otherwise, costs and allocation of risk shall be governed by the individual agreement and statutory provisions.
7. OWNERSHIP, AUTHENTICITY AND CONDITION
7.1 The Seller is responsible for ensuring that their information regarding ownership, authority to dispose of the goods, type, quantity, origin and – where stated or agreed – authenticity, fineness, version and condition is correct.
7.2 If, after completion of the purchase, it becomes apparent that items sold were counterfeit, altered, did not have the agreed fineness, were subject to third-party rights or could not validly be sold by the Seller, GP METALLUM shall be entitled to the statutory remedies.
7.3 GP METALLUM's statutory claims, including in particular claims for repayment of the purchase price, withdrawal from the contract, reduction of the price or damages, shall remain unaffected.
8. NO CONTRACTUAL RIGHT OF WITHDRAWAL
8.1 Under purchases governed by these Terms and Conditions, the Seller sells goods to GP METALLUM and receives the agreed purchase price in return. GP METALLUM does not grant the Seller any additional contractual right of withdrawal or return.
8.2 Where the Seller is a consumer, there is generally no statutory distance-selling right of withdrawal under section 312g of the German Civil Code (BGB) for the sale of goods to GP METALLUM governed by these Terms and Conditions where the requirements of section 312 subsections 1 and 1a BGB are not met, in particular because the consumer is not obliged to pay a price and personal data provided by the consumer are processed exclusively for performance of the contract or compliance with legal requirements.
Mandatory statutory rights of the Seller and the rights expressly provided for in these Terms and Conditions in connection with new purchase offers shall remain unaffected.
9. FINAL PROVISIONS
9.1 All legal relationships between GP METALLUM and the Seller shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In the case of consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence, insofar as that law would apply in the absence of the choice of law under the applicable conflict-of-law rules.
9.2 If the Seller is a merchant, a legal entity under public law or a special fund under public law, the place of business of GP METALLUM shall – insofar as legally permissible – be the place of jurisdiction for all disputes arising from the contractual relationship.
Statutory rules on jurisdiction shall apply to consumers.
9.3 If individual provisions of these Terms and Conditions are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply in place of any invalid provision.