GENERAL OPERATING TERMS AND CONDITIONS
1.1. These General operating terms and conditions of the company AURO DOMUS BULLION MARKET d.o.o. (hereinafter referred to as: General terms and conditions) regulate the terms and conditions of the purchase and sale of investment gold, silver bars and coins, regulate relations between the Seller and the Buyer, the rights and obligations of the Seller, and the rights and obligations of the Buyer, applying the principles of trust, compliance with the applicable regulations and principles of processing personal data.
1.2. The Seller of the Item is the company AURO DOMUS BULLION MARKET d.o.o., VAT number: 629525537808 registered in the court register of the Commercial Court in Rijeka, in the registration insert with registration number of the registered entity (MBS) 040314829, (hereinafter referred to as: Seller).
Geographical address and contact Auro domus bullion market d.o.o., Vjekoslava Spinčića 3/2, 51410 Opatija, telefon 0800 7372, e-mail: HYPERLINK “mailto:firstname.lastname@example.org” email@example.com.
The Buyer of investment gold items (hereinafter referred to as: Buyer) is any natural or legal person who intends to buy and become owner of an investment gold item (hereinafter referred to as: Item) and agrees to pay out a specific or determinable price for this item.
1.3. The General Terms and Conditions also represent pre-contractual information, and are valid for the purposes of a purchase agreement where the buyer is a consumer, i. e. any physical person who concludes a legal business or acts in the marketplace outside of their trade, business, artisan or professional activity, and when the agreement is signed between a seller and a consumer by means of an organized system of sale or services, without a concurrent physical presence of the seller and the buyer at the same place, and where one or more means of distant communication are exclusively used up to the moment of the conclusion of the agreement.
1.4. An Item, in terms of these provisions, is considered to be:
1.Gold in the form of bars or plates, of the weight accepted on the market of precious metals, of the purity equal to or greater than 995 thousandths, whether or not represented by securities
a) of the purity equal to or greater than 900 thousandths
b) forged after the year 1800
c) that are currently or have been a mean of payment in their country of origin
d) that are normally sold at a price not exceeding 80% of the value of gold on the open market, contained in the coins
a) silver in the form of bars or plates, of the weight accepted on the market of precious metals, of the purity equal to or greater than 995 thousandths
b) silver coins of the purity equal to or greater than 833 thousandths
4. Products of the Croatian Monetary Institute
2.1. These General Terms and Conditions for the sale of investment gold, silver bars and coins (hereinafter referred to as: GTC) regulate relations between the Seller and the Buyer, the rights and obligations of the Seller, and the rights and obligations of the Buyer, in relation to the terms and methods of sale of the Item, price of the Item, delivery and consignation of the Item, receipt of the Item, return, payment method and other issues relating to the sale of the Item.
2.2. These General Terms and Conditions are an integral part of each individual contract and apply to all individual sales of the Item referred to in Article 1 of these GTCs agreed between the Seller and the Buyer, unless their application has been explicitly excluded.
2.3. The Buyer concludes the purchase and agrees to these GTCs by clicking to confirm the order.
2.4. By accepting the offer, the Buyer declares that he/she has read these General Terms and Conditions, agrees to their application and accepts all rights and obligations arising from them.
2.5. By accepting the offer, the Buyer declares that the information entered into the offer is true and identical to the verbal agreement.
2.6. The Seller is obliged to inform each Buyer about the content of these GTCs.
3.1. The Seller determines the price of the Item on the basis of market conditions and on the basis of the price of gold and silver on the London Precious Metals Exchange (hereinafter referred to as: LPME).
3.2. All prices are expressed and valid in Croatian national currency, the Croatian Kuna (kn/hrk). In addition to the price expressed in the Croatian Kuna, the Kuna equivalent in Euro can be highlighted for informative purposes, according to the purchase rate of the Croatian National Bank on that day.
3.3. In accordance with the changes in the price of gold and silver on the LPME, the price of the item and the entire price list of the Seller’s offer change every five minutes starting with the full hour, and are available on the Seller’s HYPERLINK “http://www.aurodomus.hr/” website, www.aurodomus. HYPERLINK “http://www.aurodomus.hr/” com .
3.4. Every Buyer has the right to see the price list referred to in the previous paragraph of this article and has the right to request a printout of the mentioned price list at any time.
3.5. The Buyer has no additional costs in case of concluding a distance contract i.e. has no cost of remote communication for the purpose of concluding the contract.
4.1. The Seller is obliged to issue an offer on the basis of the Buyer’s order; when it comes to webshops, an offer is considered to be a displayed product with an expressed price.
4.2. By accepting Seller’s offer, the Buyer confirms the order.
4.3. It is considered that the offer has been accepted if the Buyer in accordance to point 4.2. has confirmed the order and made the full payment of the price of the Item within 72h. After the expiry of the 72h deadline, the offer is no longer valid or binding on the Seller.
4.4. The Seller can invite the buyer to make the payment after the expiry of the 72h deadline.
5.1. The Buyer is obliged to pay the product ordered by one of the following methods: via Bank transfer or by single payment via card (Visa, Visa Electron, Maestro and MasterCard).
5.2. By paying via Bank transfer the information necessary to perform the payment will be e-mailed to the buyer, including the account number to which the buyer must pay the order amount. The buyer can perform the payment by using Internet banking, or by paying in bank branch office, post office, etc.
6.1. The invoice will be delivered in paper form together with the order at the delivery location chosen by the Buyer. Upon receipt of the purchase price, the Seller will send a confirmation of payment electronically to the customer’s e-mail.
7.1. The Seller is obliged to submit the Item to the Buyer as soon as possible depending on the availability of the Item, and in the maximum period of 30 days from the moment of acceptance of the offer by the Buyer, where the acceptance is confirmed as stated in Article 4 of these GTCs.
7.2. In case of extraordinary circumstances, force majeure and events that are outside the influence of the Seller, due to which it is not possible to make the delivery within the period referred to in the previous paragraph of this Article, the Seller will inform the Buyer about the matter, and the delivery period will be extended for the duration of the extraordinary circumstances due to which it was not possible to make the delivery within the deadline.
7.3. The Seller has fulfilled the obligation to consign the Item to the Buyer when the Item is delivered to him/her, either in person or through an intermediary, or a document with which the Item can be collected is delivered, where the document contains the location of the collection.
7.4. Instead of the Buyer, the Item can be collected by an adult (18+) authorized by the Buyer on the basis of a special power of attorney certified by a notary public, and thus the delivery to the Buyer is considered duly executed.
7.5. The Seller undertakes to hand over the Item to the Buyer in good conditions and is liable for visible material defects.
7.6. The Buyer is obliged to inform the Seller of any material defect of the Item within 24 hours of the collection of the Item, and deliver the same Item to the Seller within 48 hours in order to verify the Item. As far as the 48-hour deadline in concerned, the handover of the Item is considered to be the moment of handover of the Item to the delivery service. For Items that have been removed from the original packaging and for which the Buyer does not have an invoice, complaints will not be taken into account.
7.7. The Seller is not obliged to deliver the Item if the Buyer has not paid the price of the Item in full.
7.8. If the Buyer, without valid reason, refuses to collect the Item whose delivery was enabled in agreed and timely manner, the Seller may, if the price is fully paid by the Buyer, send the Item to the address of the Buyer, specified in the offer referred to in Article 4 of these GTCs, and if the Buyer receives the Item in question, it is considered that the Item was duly consigned to him, in which case the Buyer is obliged to pay the extraordinary delivery costs to his address, provided that the delivery was arranged at another address.
If the Buyer has paid the Item in full and the Item is returned to the Seller because it has not been delivered to the Buyer, the Seller will keep 10% of the price of the Item from the accepted offer for the purpose of compensation for damages, and will invite the Buyer to state his/her location or bank account number and bank information, i.e. state the manner in which the refund of the 90% of the price stated in the offer described in Article 4 of these GTCs will occur (hereinafter referred to as: Invite). If the Buyer, within 30 days of receiving the Invite, does not respond on the time and manner of refund, he or she will be deemed to have given up on the refund.
8.1. Delivery is carried out on the territory of the European Union.
8.2. Delivery is free. Delivery is done through delivery service. Delivery is done to the address specified in the order. The Buyer accepts responsibility for the accuracy of the contact details and delivery address information.
8.3. Delivery may be suspended due to force majeure. In this case, the Seller will make reasonable efforts and arrange an alternative delivery time.
Ordering process through the webshop
9.1. For the purchase of precious metals through the webshop on the Seller’s HYPERLINK “http://www.aurodomus.hr/” website HYPERLINK “http://www.aurodomus.com/” www.aurodomus.com all provisions of these General Terms and Conditions apply.
9.2. In the webshop, the Buyer selects the products and adds them to the shopping cart. At this moment, login/registration is not necessary. Before billing, the Buyer must register (if he/she has not done that before), confirm that he/she complies with the General Terms and Conditions and fills out and confirms the data in the form. Only after these actions have been performed can the billing be carried out, and therefore the purchase of selected products. Before confirming the purchase, the Buyer must read the Pre-contractual information / General Terms and Conditions and mark a specific field as confirmation that he/she agrees with them and accepts them (confirming the purchase without marking the specified field is not possible). Prices adjust with the stock exchange prices. Therefore, the price at the time of adding the product in the shopping cart may differ from the price valid at the time of confirming the purchase. The price that was valid at the moment of confirming the purchase is the valid one.
9.3. Until confirming the purchase, the Buyer is free to add or remove products from the shopping cart. By confirming the purchase (by clicking on the “confirm purchase” field, etc.) a contract between the Buyer and the Seller is concluded. By confirming the purchase, the Buyer confirms that he/she agrees with the price (prices) that was published in the price list of the webshop at that time and that he/she agrees with the General Terms and Conditions and that before concluding the contract he/she was familiar with its full text.
Liability for material defects
10.1. In case of defect of any type of the product, the Seller is liable for these defects within the legally foreseen deadlines. Liability for material defects will be addressed in accordance with the provisions of the Croatian Law on Obligational Relations.
Exclusion of the right on unilateral termination
11.1. In accordance with the provisions of article 79, par.2 of the Consumer Protection Law (Official Gazette 41/14, 110/15, 14/19) the Buyer is not entitled to unilaterally terminate the sale and purchase contract of the Item since the subject of the contract is a good or service the price of which depends on changes in the financial market that are beyond the influence of the trader, and may occur during the duration of the consumer’s right on unilateral termination.
Compliance with the regulations in accordance with the Law on the Prevention of Money Laundering and Terrorist Financing
12.1. The Seller is obliged to collect and process identification data from a valid identification document in accordance with the provisions of the Law on the Prevention of Money Laundering and Terrorist Financing (Official Gazette 108/17, 39/19).
Processing and protection of personal data
13.1. Personal data is processed in accordance with the provisions of EU Regulation 2016/679 of the EUROPEAN PARLIAMENT AND COUNCIL of the 27th of April 2016 on the protection of individuals in relation to the processing of personal data and on the free movement of such data, on the repeal of Directive 95/46/EC (hereinafter referred to as: General Data Protection Regulation) and in relation to the national Law on the Implementation of the General Data Protection Regulation.
13.2. In accordance with Articles 13 and 14 of the General Data Protection Regulation, we provide you with information about how we process your personal data, what rights you have in relation to data processing and protection, and how you can exercise those rights. We process and use your personal data lawfully, honestly and transparently, while protecting the security of your personal data from unauthorized or illegal processing, applying the highest technical, security and organizational as well as protection measures.
13.3. You can contact the Seller as the Controller at any time in order to exercise your rights in accordance with the General Data Protection Regulation. You can submit your request in writing to Auro domus bullion market d.o.o., Vjekoslava Spinčića 3/2, 51410 Opatija or at the Data Protection Officer e-mail HYPERLINK “mailto:firstname.lastname@example.org” email@example.com.
14.2. A Cookie is information stored on the user’s computer by a website that they have visited. Cookies normally save the user’s preferences and settings for the website, such as the preferred language or address. When a user visits the same website afterwards, their internet browser sends back the Cookies that belong to this site. This feature enables the Seller to show information adjusted to each individual user’s needs. Cookies can store a wide range of information, including personal information (such as the user’s name or e-mail address). However, this information can be saved only when the user enables the feature – websites cannot gain access to information that user did not give permission for, and they cannot access other files on the user’s computer. The default activities for storing and sending Cookies are not visible to users. However, the user can alter their internet browser settings in such a way that they can chose whether they want to approve or reject requests for storing Cookies, by deleting the saved Cookies automatically when the internet browser is closed, and the like.
Intellectual property rights
15.1. In accordance with our privacy and intellectual property policies, all content (texts, photographs, graphic content, video material, trademarks) and design, is entirely and exclusively property of the Seller, i.e. the company Auro domus bullion market d.o.o. Opatija and is protected by intellectual property rights regulations. It is strictly prohibited to use, copy, distribute, transfer, publish, reproduce the content of this website/domain without the explicit consent of the Seller and the Copyright holder. Exceptionally, all other trade marks appearing in the system are intellectual property of their own holders.
15.2. Any violation of these terms may result in infringement of copyright, trademark rights, or any other form of intellectual property rights and may lead to the initiation of legal proceedings.
Use of the website
16.1. The seller provides internet commerce services through the website on the domain: HYPERLINK “https://www.aurodomus.com/” http://www.aurodomus.com.
16.2. The Buyer expressly agrees to use this website solely at his own risk.
16.3. The Seller reserves the right to modify or terminate the Website at any time, including, but without limitation, the content and time of availability.
Exercising consumer rights, filing complaints and alternative dispute resolution related to online shopping
17.1. If the Buyer considers that his or her rights have been infringed in his business relation with the Seller, or the Seller does not comply with these General Terms and Conditions or legal provisions which regulate the protection of consumers, in accordance with Article 10 of the Consumer Protection Law (Official Gazette 41/2014 and 110/15), he/she is authorized to deliver to the Seller a written complaint within 30 (thirty) days from the aforementioned event, on the business address Auro domus bullion market d.o.o., Vjekoslava Spinčića 3/2, 51410 Opatija, or via fax number 051 585 310, as well as in Auro domus’s business premises and shops, or via e-mail: HYPERLINK “mailto:firstname.lastname@example.org” email@example.com
17.2. In order to comply with Article 10, par. 5 of the Consumer Protection Law, confirm the receipt of the written complaint and respond to it, the complainant is required to provide accurate information. The response to the complaint will be submitted in writing within the legal period of 15 days from the date of receipt of the complaint.
17.3. In all disputes which may arise concerning the application of the provisions of contracts, general conditions or applicable regulations, a mediation proposal may be submitted to the Court of Honor at the Croatian Chamber of Commerce or any mediation center in the Republic of Croatia or a proposal for alternative settlement of domestic and cross-border consumer disputes may be submitted in accordance with the law governing alternative consumer dispute resolution.
With the EU Regulation n. 524/2013 of the EUROPEAN PARLIAMENT AND COUNCIL of the 21st of May 2013 on online resolution for consumer disputes, disputes related to online shopping can be resolved through the ODR platform which can be accessed here: HYPERLINK “https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show” https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show. The procedure is not mandatory, and the Seller will not participate in it.
Final and transitional provisions
18.1. The relations, mutual rights and obligations of the Buyer and the Seller are subject to the substantive law of the Republic of Croatia.
18.2. For resolving possible disputes arising from the relation between the Buyer and the Seller, in connection with these General Terms and Conditions, or in connection with their implementation, the solely responsible are the Croatian courts. The location of contracting and of executing of the Seller’s service is the Republic of Croatia.
18.3. The official language for concluding the purchase contract is the Croatian language.
19.1. The Seller denies all liability for the disputed issues that may possibly arise because the Buyer has not read the GTCs.
19.2. GTCs are available on the Seller’s website, and at the request of the Buyer will be delivered directly to the Buyer and in writing to the Buyer’s e-mail. At the request of the Buyer, the GTCs can also be delivered to other medium.
19.3. The Seller reserves the right to modify these GTCs at any time without prior notice. The amendments will be made only if needed to comply with regulations of the Republic of Croatia, and in case of changes in the internal requirements of the Seller. Changes to these GTCs will be published through this website along with their date of entry into force.
19.4. The Buyer is aware that he/she is obliged to check the valid GTCs at that moment of use of the Seller’s services on the website.
19.5. The nullity or non-enforceability of a provision of these Terms does not affect the validity and enforceability of other provisions and Terms in their entirety.
19.6. These General Terms and Conditions published on the Seller’s website apply from 30/03/2021 and are valid until their modification.
AURO DOMUS BULLION MARKET d. o. o. Opatija