GTC

Contractual conditions that are imposed when the contract is concluded.

General terms and conditions

1. Conclusion of contract

With this application, the applicant (hereinafter: “customer”) applies to Polarstern Sachwert GmbH & Co. KG (hereinafter: “PSW”) for the conclusion of a framework agreement for the purchase and safekeeping of precious metals and in physical form.

2. Acquisition and safekeeping

2.1. PSW acquires precious metals from a recognized mint for the customer in accordance with the deposits made by the customer. The purchase of precious metals is VAT-free, as they are stored in a duty-free warehouse. These are purchased in installments and/or by one-off payment in physical form and stored by PSW for the customer in segregated special assets. PSW guarantees the authenticity of the purchased precious metals. The selling price is calculated on the basis of the respective valid “London Fixing” plus a customary minimum quantity premium and can be viewed on the website www.polarstar-network.com. PSW is not obliged to observe price limits.

2.2. The contract is concluded upon acceptance of the application by PSW. The customer waives the confirmation of acceptance by PSW and its receipt. In the event that PSW does not accept the application, PSW will notify the customer immediately.

2.3. PSW provides the customer with ownership of the purchased precious metals by granting fractional ownership of a collective stock of precious metals held by PSW. The transfer of ownership of the purchased precious metals shall be effected by way of a transfer of ownership. The parties already declare their agreement with regard to the transfer of ownership. The statutory provisions on joint management are excluded. In particular, the right to dissolve the fractional community is excluded. PSW may entrust the collective portfolio to a third-party custodian for safekeeping under its own name. It will inform this custodian that the collective holdings are the property of PSW’s customers and will contractually ensure that liens or rights of retention of the third-party custodian can only be asserted for claims which have arisen in relation to the collective holdings. Upon request, the customer will be provided with further details on the third-party custodian. PSW will contractually ensure that the third-party custodian insures the collective inventory against theft, fire and water damage. PSW shall not be liable for simple negligence of the third-party custodian. The Third Party Custodian shall provide evidence of the assets deposited with it once a year in the form of an independent auditor’s certificate. In the event of insolvency of the custodian, the customer has a right to segregation pursuant to § 47 InsO.

2.4. The customer may demand that PSW delivers to him the quantity of precious metals to which he is entitled and which have already been transferred from the precious metal stock. The minimum delivery quantities for gold are 1 OZ, platinum and palladium 100 g and silver 1000 g. If delivery of smaller denominations is requested, a surcharge will be levied.
The precious metals can be delivered to the customer or collected by the customer from PSW’s business premises by prior arrangement. The transportation and insurance costs incurred for the delivery, the amount of which depends on the quantity of the precious metal to be delivered and the transportation distance, shall be borne by the customer and will be disclosed to the customer in advance upon request when the delivery is requested. The costs shall be charged to the customer’s custody account. Delivery shall only take place after expiry of the withdrawal period. Any domestic or foreign taxes or customs duties associated with the delivery of the precious metal shall also be borne by the customer.

3. Acquisition costs

3.1. The acquisition costs shown overleaf in the amount of 15 monthly premiums for monthly purchases are incurred when the contract is concluded and when the monthly purchase premiums are increased and are also due at this time. The customer pays the acquisition costs as a single payment or as a partial payment. The maximum acquisition costs amount to € 1,500

3.2. If the customer pays the acquisition costs as a one-off payment, these are reduced to 10 monthly premiums, up to a maximum of € 1,000. If the customer makes a down payment, this will be offset in full against the acquisition costs until these have been repaid in full.

3.3. If the customer pays the acquisition costs in installments, 50% of the incoming installments are offset against the costs until the acquisition costs have been paid in full. The selected precious metals are purchased and stored for the remaining 50% of the incoming installments.

3.4. PSW and the customer agree that, in the event of pro rata payment of the acquisition costs, the customer assigns to PSW the precious metals held in his securities account as security for any outstanding acquisition costs. The assignment ends with the complete repayment of the acquisition costs.

3.5. There are no acquisition costs for further additional payments.

3.6. The acquisition costs shown in the application must be paid by the customer to PSW. However, PSW is not entitled to the full amount of these costs. PSW pays a share of these costs to the third parties involved in the conclusion of the contract
. This serves in particular to cover the brokerage commissions and set-up costs incurred. PSW is entitled to collect all costs from the customer.

4. Storage fees

The customer will be charged a storage fee for the safekeeping of the precious metals. The 1/4 annual storage fee is 0.30% of the value of the stock, but at least € 5 (incl. VAT). It is payable from the start of the contract. PSW is entitled to adjust the storage fees to compensate for cost increases. The customer will be informed of this in good time. After PSW has sent the access data, the customer can view the transactions carried out and his securities account balance at any time.

5. Application via intermediaries

The application to conclude this contract with PSW has been verified by the investment broker named overleaf. The intermediary works in his own name and for his own account. The intermediary provides an independent service for the customer within the scope of his existing intermediary contract with PSW. Intermediary and customer are bound by these General Terms and Conditions and the contents of this application form. In particular, the agent is not authorized to make promises that deviate from these contractual conditions or the application form of PSW. He is not authorized to accept money (including cheques) or other valuables from the customer.

6. Termination / term / liability

6.1. The contract is not subject to a specific term. If a monthly purchase of precious metals has been agreed, the customer can therefore reduce the payment of the pro rata investment amounts after repayment of the acquisition costs or suspend them indefinitely. Notwithstanding this, the customer may terminate the contract at any time. Point 3 of this agreement remains unaffected by this. Furthermore, the customer may at any time request PSW in writing to repurchase part or all of the precious metals purchased by him. The repurchase price corresponds to the purchase price for gold, silver, platinum and palladium shown on the website www.polarstar-network.com. PSW is not obliged to observe price limits. Any domestic or foreign taxes or customs duties associated with the repurchase of the precious metals shall be borne by the customer.

6.2. It is clarified between the parties that PSW is not liable for any taxes arising from the purchase of the metals. PSW does not provide tax advice and will not make any declarations to the tax authorities or other third parties with regard to any taxes and duties that may be incurred.

6.3. The customer undertakes to inform PSW immediately of any change of address. Correspondence will always be sent to the customer’s last known address. Should the customer fail to notify PSW of a change of address and an address investigation procedure becomes necessary, the customer shall bear the resulting costs.

7.Risk warning

Precious metals belong to the category of commodities. Although they are finite in nature and cannot be reproduced artificially, this is no guarantee of a future and constant increase in value. Rather, prices are inherently subject to local and global market fluctuations as well as the potential influence of numerous factors such as liquidity, the relationship between supply and demand, market events, regulatory intervention, natural disasters and other geopolitical circumstances. These can have a positive or negative impact on performance, which may lead to a partial loss of the investment amount. Furthermore, the proceeds achievable upon sale may deviate from the current value due to the currency risk associated with precious metals traded in US dollars, among other things. In general, commodity investments are considered risky due to their high volatility, which describes the extent and frequency of price fluctuations. It is therefore sensible not to exceed a certain percentage of your total assets when buying these products. In any case, the purchase of precious metals should be considered over the long term, whereby steady purchases can lower the average price. Credit-financed purchases are not recommended. PSW accepts no liability for losses. PSW does not consider the products mentioned in these GTCs to be suitable for short or medium-term speculation.

8. Written form

Amendments or additions to this contract must be made in writing.

Severability clause

Should individual provisions of the contract concluded with the customer on the basis of these General Terms and Conditions prove to be invalid, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.

The contract is governed by German law. Status 04-2020

I have read and understood the above terms and conditions and the revocation policy and agree to their validity.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (Polarstern Sachwert GmbH & Co. KG, Paderborner Str. 44, D-33154 Salzkotten, Fax 05258 98 030 30, info@polarstern-sachwert.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form provided for download, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Clarifying addition to the statutory withdrawal policy

Please note that, for operational reasons, we must treat every deposit into our savings plan accounts as a request to commence our services in accordance with the contract by immediately converting and crediting your customer account. The appropriate amount of compensation to be paid to us by you in the event of a timely revocation for the service already commenced therefore consists of any exchange rate loss incurred since the conversion of your deposit up to the revocation. We do not demand any further compensation. Price gains will not be paid out. Your right of termination remains unaffected.

We provide the following information on the model withdrawal form for distance selling contracts in accordance with the statutory provisions:

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

– To: Polarstern Sachwert GmbH & Co. KG, Paderborner Str. 44, 33154 Salzkotten, e-mail: info@polarstern-sachwert.de, fax: +49 (0)5258 98030-30
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*)
– Ordered on (*) /received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notification on paper)
– Date
_______
(*) Delete as appropriate

Status 04-2020