General contract terms
Information prior to the contractual process
This website www.kremar.es is owned by KREMAR LTD.
The General Conditions of Contract regulate the distance selling relationship between KREMAR LTD and the user or customer, in accordance with the legal provisions, especially Law 7/1998, of April 13, on General Conditions of Contract, the Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of consumers and Users, Organic Law 15/1999, of December 13, on Protection of Personal Data, the Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
KREMAR LTD reserves the right to make the modifications it deems appropriate, without prior notice, in the General Conditions of Contract. Said modifications may be made, through their websites, by any form admissible by law and shall be binding during the time they are published on the website and until they are validly modified by subsequent ones. However, we reserve the right to apply, in certain cases, Specific Contracting Conditions in preference to these General Conditions of Contract when we consider it appropriate, announcing them in a timely manner.
The purpose of our website is the sale of precious metals.
The duration of the contract will be linked to the delivery of the product.
Index of contents
- Scope of application and contracting parties
- Subscription of the contract
- Prices, delivery systems, ancillary costs
- Payment and reservation of title
- Delivery and transfer of risks
- Liability for damage and defects
- Identification in accordance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing
- Applicable legislation and jurisdiction
- Data protection
- Specific rights of consumers
1 Scope of application and contracting parties
1.1 These General Conditions of Contract (GCC) will apply to all the sale and purchase contracts signed between you as a customer (consumer or merchant (trader) and us, ie, the operating company indicated in paragraph (2) below of the Shop on the Internet of KREMAR for precious metals or in any other way through long-distance operations or electronic commercial operations. In the framework of the purchase process, you must accept the GCC in the version that is in force at the time of making your order.
A consumer, in accordance with the applicable legal definition, shall be understood to be a natural person who acts with a purpose other than their commercial, business, trade or profession.
1.2 The operating company of the online shop and its contractual counterpart is:
Company Number: 12627082
Please, in case of questions, suggestions or complaints, contact us:
1.3 The GCC regulate the terms and conditions of the sales contract and also contain valuable legal information for consumers. You must access the GCC through the links in our online shop when placing your order and you can save them on your computer and/or print them. Notwithstanding the foregoing, we will also send you separately the GCC corresponding to your order on a durable data medium together with the order confirmation and always before the delivery of the goods (e.g. by e-mail, PDF attachment or physical copy).
1.4 The following shipping restrictions will apply:
- Our presentation of the goods in the online shop is exclusively aimed at customers who have their permanent residence (billing address) in the European Union and who can provide a billing address in that country.
- For security reasons, the process of each order is limited to a variable maximum order quantity (gross purchase price, VAT included, without ancillary costs) that will be automatically displayed in the order when the respective quantity is exceeded.
- If the goods cannot be delivered immediately (in exceptional cases), the estimated date and time of delivery will be included in the description of the goods when the order is placed, which will be confirmed when the contract is accepted.
1.5 Our presentation of the goods in the online shop of precious metals exclusively offers goods whose prices are subject to fluctuations in the financial markets over which we have no influence and which may occur during the withdrawal period. For this reason, the consumer will not enjoy a right of withdrawal, in accordance with the exception contained in Article 103, letter b) of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, even in those remote operations carried out with consumers. Therefore, your order will be binding immediately upon receipt of the order by us and will not be liable to withdrawal on your part.
2 Subscription of the contract
2.1 Our presentation of the goods in the online shop doesn’t constitute a binding offer of sale. The offer to subscribe a sales contract will be made by you as a customer by clicking on the “Commit to buy and pay” button once the order form has been completed. Previously, you can review and update your order at any time, using the “Shopping Cart” button. We will then have a period of two business days to process your order and accept it, in particular in accordance with the provisions of paragraph (2) below so that the contract becomes binding. We also reserve the right to reject orders from those customers who have been late in their payments in relation to previous orders or, any others according to the provisions of the applicable regulations. These GCC will not be subject to the introduction of particular changes in ordering.
2.2 Once your order has been sent, you will immediately receive our order receipt confirmation by email. Together with this order receipt confirmation or by a separate email, we will inform you of the acceptance or possible denial of your order. In case of acceptance (order confirmation), we will provide you with our bank details for the transfer of the invoice amount in accordance with the provisions of section § 4, and the contract will be concluded and will become binding in accordance with these GCC. As soon as we have received the invoice amount, we will proceed to dispatch the goods according to the delivery system (shipping, part § 3) selected by you. You will then receive confirmation of the above by email together with the confirmation of receipt of payment (payment confirmation). The payment confirmation will in turn summarize the individual components of your order (objects, volume, delivery system, invoice and shipping address, ancillary costs, etc.) with a binding character.
2.3 We reserve the right to cancel our order confirmation if our website and/or order confirmation accidentally contain obvious errors or omissions that affect the object of the contract, to the detriment of our position (eg accidental deviations from the market price applicable respectively, due to (among others) faulty data processing). In that case, we will have the obligation to inform you of the cancellation within a period of no more than one week from the date on which we discovered the error (eg by email) and we will immediately proceed to reimburse you for the purchase price, including possible ancillary costs that would have been satisfied by you. Any other legal rights that we may be entitled to, including without limitation the challenge of the contract due to errors, will remain unaltered.
2.4 The contract of sale is concluded in both the Spanish and English languages. In case of discrepancy, the Spanish language will prevail. We will keep the text of the contract (consisting of the order receipt confirmation with the GCC, the order confirmation and the eventual payment confirmation), which will be sent to you by email (see paragraph (2) above).
2.5 As a user or customer, you expressly declare to know, understand and accept the conditions of use and these General Conditions of Contract. In the same way, you declare to be of legal age and have the legal capacity and to act necessary to access the KREMAR LTD websites and to contract through them.
3 Prices, delivery systems, ancillary costs
3.1 The final prices indicated in our online shop include applicable VAT and all other price components. That are prices in EUROS and don’t include the ancillary costs that are included below.
3.2 Deliveries are made exclusively within the territory specified in section § 1 paragraph (4), subject to the terms and expenses established in the online shop under the section “Delivery systems” (“methods of delivery”).
3.3 Shipping costs are EUR 25.00 for a net value of goods less than EUR 5,000.00 (transport company), EUR 40.00 for a net value of goods from EUR 5,000.00 to EUR 30,000.00 and EUR 55.00 for a net value of goods from EUR 30,000.00 to EUR 50,000.00 (transport company for valuables). In the case of shipments to the Balearic Islands, the cost will be 60.00 euros. Please consider that we don’t ship to the Canary Islands.
For a net value of more than EUR 50,000 please contact us.
4 Payment and reservation of title
4.1 The purchase price and ancillary costs (invoice amount) will be paid in advance (advance bank transfer) only to the following bank account:
Account holder: KREMAR GOLDINGLIFE
IBAN: ES52 6888 0001 6255 6910 8248
4.2 To make the payment in advance, we will communicate again the amount of the invoice and our bank information in the order confirmation. The amount of the invoice will be immediately due and must be paid to our account within a maximum period of 2 business days. Otherwise, we reserve the right to withdraw from the contract even without having set a deadline for it. The right to make any claims related to the foregoing or otherwise, including claims for payment of the purchase price, late payment interest and/or compensation will remain unaltered. In the event of delay or non-payment, we reserve the right to claim compensation for, at least, the variations, in your case, of the price of the goods on the financial markets during said period.
4.3 You will be responsible for any bank charges associated with making the bank transfer, including, without limitation, the expenses incurred for making the payment from a foreign account (eg SEPA expenses), and their reimbursement in our favor, in your case.
4.4 The ownership of the delivered products will not be transferred until the amount of the invoice for the delivered product has been fully paid.
5 Delivery and transfer of risks
5.1 In the event that delivery is made through the “Shipping” system and the net value of the goods is less than EUR 5,000.00, the goods will be delivered exclusively to the agreed address (home or business address as established in the order or payment confirmation), by delivery to a person present in that place, authorized to receive deliveries in accordance with the applicable conditions and who agrees to sign the receipt of the shipment. No shipments will be made to mailboxes or packing stations (packstation) (automated package collection and deposit centers).
5.2 Paragraph (1) will also be applied to deliveries with a net value of the goods greater than EUR 5,000.00; notwithstanding the foregoing, delivery will be made by armored vehicle (transport company for valuables). In the case of private addresses, the goods will be delivered to the authorized person upon presentation of an official identification document with a photo and, where appropriate, written authorization (see paragraph (3)). In the case of a business address, delivery will be made to the usual point of collection of shipments of this, even when it’s used a transport company for valuables.
5.3 In cases of courier delivery for valuables to private addresses and for collection by the customer, the goods will be delivered with the prior authorization of the recipient. As a general rule, the authorization will be verified by showing an official identification document with a photo (including, without limitation, the identity card or passport) of the customer. Authorized representatives will also need their own official identification document with a photo and a written authorization, i.e. signed by the customer. They must present the corresponding original document or an officially certified copy of it. Any authorization checks carried out by legal requirement (see § 7 in particular) will not be affected by the above.
5.4 In the event that, having selected the delivery system by “Shipping”, no person authorized to receive it is found at the delivery address indicated by you, the transport company will leave or send you a written notification with additional information and, in particular, the date on which delivery will be re-attempted or, where appropriate, the contact options to agree on a certain date for delivery and/or place for the deposit of the shipment and its collection. If the delivery of the goods is frustrated for reasons beyond our control, we will have the right to withdraw from the contract, proceeding to the immediate refund of any payments made. Any other legal rights that we may hold, including without limitation the right to reimbursement of additional expenses, will remain unaltered by the foregoing.
5.5 The risk of accidental deterioration or destruction of the goods will be transferred to you in accordance with the legal provisions, i.e. including, without limitation, transmission or delay in acceptance. With the exception of those cases in which the collection has been agreed by the customer, we assume the risk of loss or deterioration of the goods during transport until delivery.
5.6 The delivery times provided are calculated from the day after our payment confirmation. In the event that the delivery period or deviation of the delivery of the goods isn’t specified, a period of approximately 7 to 10 business days will be understood.
5.7 In the event that we are unable to comply with any of the binding conditions of delivery for reasons beyond our scope of responsibility (lack of availability of the goods, eg due to lack of supply by our supplier without fault on our part or force majeure) we will inform you immediately trying to indicate a new estimated delivery time. If the new delivery time isn’t acceptable to you or if the goods aren’t available within the new delivery time or indefinitely, either party will be entitled to withdraw from the contract in relation to said goods; in that case, we will immediately proceed to reimburse any paid payments. Any legal rights of the parties under the contract will not be altered by the foregoing.
5.8 Essential characteristics of the products offered in our online shop include a photo and its essential characteristics, this is the information obtained from the manufacturer itself. The year of issue of the product observable in the photo isn’t binding.
6 Liability for damage and defects
6.1 Our liability for damages and defects is subject to what is legally established except for the provisions of the following paragraphs.
6.2 The limitation period for claims for defects will be three years from the date of production of the defect (Article 143.1 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).
6.3 In the event of breach of obligations – whatever the legal reason for such breach – our liability will cover cases of intent and gross negligence. In the event of slight negligence, our liability will only be understood as applicable to:
- damage to the health, physical integrity or life of people, and
- damages caused by the breach of a material obligation derived from the contract (that obligation that ultimately enables the execution of the contract and in whose fulfillment the party trusts and can rely); however, in this case, our liability will be limited to typical and foreseeable damages.
6.4 The above limitations of liability will also apply in the event of breach of obligations by people within our scope of responsibility, in case of breach of the provisions of the legislation. Claims made within the scope of the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws in relationship with product liability will not be affected by the foregoing in any case.
7 Identification in accordance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing and the Regulations for the development of the aforementioned Law, approved by Royal Decree 304/2014, of May 5
7.1 In the event that we are obliged to identify the customer and any authorized commercial representative in accordance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing and in accordance with the Regulations for the development of the aforementioned Law, approved by Royal Decree 304/2014, of May 5, we will not be able to enter into any contractual relationship with you unless you collaborate with us as our contractual counterpart. This includes, among other obligations, the need to provide us with the information and documents necessary for the identification and, in accordance with our internal policy established in accordance with the applicable regulations on the prevention of money laundering, immediately notify us of any modifications produced during the course of of our business relationship.
In any case, your payments must be made from a bank account opened in your name in Spain or in another country of the European Union.
7.2 To comply with the above obligations, our company is obliged to identify its customers, any authorized commercial representatives and the beneficial owner of any legal persons, in particular when we accept money for an amount equal to or greater than EUR 1,000.00
7.3 As a general rule, identity will be deemed proven by presenting an original identification document or passport. If the customer is a legal person or association, the public deed of incorporation of the legal person or association must be provided and its name, legal nature, registered office, the identity of its administrators or people in charge of management, its statutes and tax identification number must be proven. Legal persons and associations must also provide documentation that evidences the validity and sufficiency of the powers of representation of their legal representatives and must identify their real owner (ie it’s usually understood that the real owner is that natural person who is ultimately the owner or controls the entity, directly or indirectly, by having more than 25% of the capital stock or voting rights of the entity or by any other means).
We are legally obliged to make a copy of the documentation provided to verify identity, which we will keep in accordance with applicable legislation.
8 Applicable legislation and jurisdiction
8.1 The contractual relationship will be subject to Spanish legislation, excluding material or substantive legislation, and including, without limitation, the United Nations Convention on Contracts for the International Sale of Goods. The application of the legislation on consumer protection and will not be affected by the foregoing.
8.2 In the event that the buyer is a consumer, the legal provisions in relation to the applicable jurisdiction will apply. In the event that the buyer is an entrepreneur or professional, an entity or special public law fund, any conflicts, disputes, claims or controversies – even of an international nature – that may arise from the contractual relationship will be the exclusive competence of the courts of Madrid, Spain. The same will happen if the buyer is another merchant (trader). Notwithstanding the foregoing, we reserve the right to exercise actions at the place of fulfillment of the delivery obligation in accordance with the provisions of section § 5 or by prior agreement between the parties, or at the buyer’s general address.
9 Data protection
9.1 The personal data provided in your order as well as any other generated during the subscription and execution of this contract will be processed under the control of KREMAR, in order to analyze the order and, where appropriate, for the management and control of the contract that is subscribed as well as for the fulfillment of our legal obligations. Likewise, we inform of the possibility of exercising the rights of access, rectification, cancellation and opposition by writing to the email email@example.com
As long as you don’t tell us otherwise, we will understand that your data hasn’t been modified, that you agree to notify us of any variation and that we have the consent to use it in order to build loyalty in the relationship between the parties.
During the purchase process, you must identify yourself with your username and password.
9.2 Requests for access, rectification, cancellation and opposition will be addressed in writing to our address indicated in section § 1 (2).
9.3 Before proceeding to reveal to us any personal data of another natural person related to the signing or execution of this contract (eg, the representative(s) of a merchant (trader) or the person authorized to receive the shipment), must inform the data subject of the content of the previous paragraphs and must comply with all applicable legal requirements for the correct disclosure of the data, so that we don’t have to carry out any additional action against said individual in terms of information or provision of consent.
10 Specific rights of consumers
10.1 Consumers may direct their claims against KREMAR at its registered office indicated in section § 1 (2).