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Regulations

Made in Swiss
  1. INTRODUCTION

    These Regulations set out the terms and conditions for the sale of gold and the provision of free electronic services via an online shop - by Aurum Swiss Prosta Joint Stock Company. 

    Aurum Swiss Prosta Joint Stock Company operates in accordance with the applicable laws and regulations, taking into account the conditions and rules of the financial market. The Shop continuously analyses and implements the recommendations of the Financial Supervisory Commission (FSC), analyses the risks associated with the Goods sold and fulfils its reporting obligations. The Shop does not sell investment gold within the meaning of the Act on Value Added Tax and is not an investment fund within the meaning of the Act on Investment Funds and Management of Alternative Investment Funds. 

    Contact: by e-mail: office@aurumswiss.com
    • by post: ul. Stanisława Wyspiańskiego nr 34b, 72-600 Świnoujście
    • Telephone contact: +48 787 702 322 (working days, 10:00-17:00)
    • bank account number: 10 1160 2202 0000 0006 1214 4732

  2. DEFINITIONS
    1. Customer - a person using the Store's services via the website or with whom the Store concludes a sales contract.  
    2. Shop - Aurum Swiss Prosta Spółka Akcyjna with its registered office in Świnoujście, ul. Stanisława Wyspiańskiego nr 34b, 72-600 Świnoujście, entered in the register of entrepreneurs kept by the District Court Szczecin - Centrum in Szczecin, XIII Economic Division of the National Court Register, under KRS number: 0001097898, NIP: 8551608931. 
    3. Website - https://www.aurumswiss.com/
    4. Goods - means the products made available by the Store via the Website which may be subject to a contract of sale.
    5. Listed Goods - Goods whose price depends on price movements in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal from the contract (e.g. Goods constituting investment gold within the meaning of Article 121 of the VAT Act).
    6. Order - a declaration of intent by the Customer made via the purchase form and aimed directly at concluding a Sales Contract for Goods with the Shop.
    7. Sales Contract - a contract under which the Shop transfers ownership of the Goods to the Customer and delivers them, and the Customer undertakes to take the Goods over and pay the price, concluded at a distance between the Customer and the Shop.
    8. Entrepreneur - means a natural person, a legal person, or an organisational entity which is not a legal person but which is endowed with legal capacity by law, who pursues commercial or professional activities on its own behalf and who performs a legal action directly related to its commercial or professional activities.
    9. Consumer - means a natural person making a legal transaction with an entrepreneur which is not directly related to that person's commercial or professional activity. For the purposes of the Rules and Regulations, the term Consumer shall also include a natural person concluding a contract directly related to his/her business activity, when the content of that contract shows that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity.
    10. Working days - days from Monday to Friday excluding public holidays.
    11. Privacy Policy - document available at: https://aurum.devspire-dev.com/polityka-prywatnosci/
    12. Account - means the individual set of resources and entitlements for each Customer, activated in his/her favour by the Shop, after registration via the Website.
    13. Password - means a sequence of letter, digital or other characters selected by the Customer during Account registration, used to secure access to the Account.
    14. AML Act - Act of 01 March 2018 on the prevention of money laundering and terrorist financing (Journal of Laws 20212021.1132, as amended).
    15. Foreign Exchange Law - Foreign Exchange Law of 27 July 2002 (Journal of Laws 2020.1708, as amended).
    16. VAT Act - Act of 11 March 2004 on Value Added Tax (Journal of Laws 2021.685, as amended).
    17. Foreign exchange - foreign means of payment and Foreign Exchange Gold and Foreign Exchange Platinum, pursuant to Article 2(1)(8) of the Foreign Exchange Law.

  3. GENERAL PROVISIONS
    1. The Regulations set out the terms and conditions for the use of the website, as well as the rights and obligations of the Shop and the Customers.
    2. Before using the website, the Customer is obliged to read these Terms and Conditions and the Privacy Policy. The Terms and Conditions are an integral part of the Sales Agreement concluded with the Customer.
    3. The Customer is obliged to use the Website in a manner consistent with the law and good morals, bearing in mind respect for personal rights and the copyrights and intellectual property of third parties.
    4. The content on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract, which means, among other things, that the Shop may refuse to conclude a contract in particularly justified cases, especially to protect its property.
    5. The contents of the works contained on the website, including the logo, name and graphic design of the website, are legally protected and constitute the exclusive property of the Shop or other authorised entity. Without the consent of the Shop or other authorised entity, it is prohibited to copy, reproduce or distribute in any way the content of the website.

  4. ONLINE SHOP - TECHNICAL REQUIREMENTS
    1. The minimum technical requirements for the use of the Website are: a web browser of at least version 14.0 for Safari, 80.0 for Google Chrome, 67.0 for Opera, 80.0 for Microsoft Edge, 73.0 for Mozilla Firefox or later, with Javascript enabled, accepting cookies and an internet connection of at least 256 kbit/s. The Shop website is optimised for a minimum screen resolution of 350 pixels.
    2. The Shop makes reasonable efforts to ensure that the Website works smoothly through known browsers and device types.
    3. To the fullest extent permitted by law, the Shop is not liable for security breaches caused by the Customer's failure to secure the network or any access information, including login details and passwords, for reasons attributable solely to the Customer.

  5. ELECTRONICALLY SUPPLIED SERVICES
    1. Services provided electronically include: creation and maintenance of a Customer Account, ordering and sending of a Newsletter.
    2. The Shop is entitled to unilaterally discontinue or modify electronic services. The Shop will inform the Customer who uses the concerned electronically provided services about the discontinuation of electronic services or their modification.
    3. The services provided electronically are free of charge.
    4. The creation of a Customer Account shall take place by means of registration. For this purpose, the Customer fills in the registration form available on the Website.
    5. The Customer should read the Terms and Conditions and Privacy Policy before completing and submitting the registration form. 
    6. The Customer accesses the Account by means of a unique identifier such as an email address and Password.
    7. One Account is created for one customer.
    8. In order to set up an Account, it is necessary for the Customer to have an active e-mail address.
    9. The shop confirms receipt of the registration form by sending a confirmation to the e-mail address indicated by the customer during registration.
    10. Access to a Customer's Account is conditional on the correct completion of the registration form and confirmation of the setting up of the Account by the Shop.
    11. An Account may be deleted by the Customer at any time by submitting such Account for deletion via the functionality of the website "Delete Account" (or equivalent).
    12. The Store may, at its sole discretion, close or suspend an Account by sending an appropriate notification to the registered e-mail address if there are reasons to believe that the Customer is using the Account in violation of the Terms and Conditions or applicable laws or if the Customer has not demonstrated activity on the Account for more than 5 years.
    13. Newsletter consists of sending by the Store, to the electronic mail address, a message in electronic form containing information about new Goods or services offered by the Store.
    14. The Newsletter contains, in particular: information about the sender, a filled-in "subject" field, specifying the content of the item and information about the possibility and manner of cancelling the free Newsletter service.
    15. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.

  6. ORDER
    1. The condition for placing an Order is that the goods are available from the supplier.
    2. Viewing the Goods does not require the creation of an Account.
    3. The Goods come from a legal distribution. The customer is able to verify the origin of the Goods. 
    4. Orders for Goods can be placed via the Website 24 hours a day, on all days of the year.
    5. Once you have selected the Goods that are the subject of the Order, you must:
      1. Click the "Add to basket" button (or equivalent),
      2. log in to the Account or use the option to submit an account,
      3. click the "Order and pay" button (or equivalent),
      4. select the available payment and delivery method. 
    6. After the selection of the method of payment, but before it is made, in the case of a transaction for the purchase of Goods by the Customer that meets the requirement for the application of financial security measures within the meaning of the AML Act ( i.e. transaction of purchase or sale of FX Values the equivalent of which exceeds EUR 15,000 at the average exchange rate announced by the National Bank of Poland (NBP) prevailing on the day of the transaction), the Customer is obliged to provide the Store with the identification data indicated by the Store, in particular the PESEL number and send a scan or a photo of the ID card, in accordance with the instructions provided to the Customer by the Store, to the e-mail address provided earlier by the Customer. The Customer is obliged to provide all the identification data required by the Order within 2 working days of placing the Order. Failure to provide the identification data within the required time limit may result in the Store rejecting the Customer's offer and cancelling the Order - which means that the Order is deemed not to have been placed, and if a contract of sale is concluded, the Store withdraws from the Contract of Sale without setting an additional deadline.
    7. In the case of the purchase of Goods representing Foreign Exchange Values, the Customer shall receive proof of purchase in accordance with the provisions of the Foreign Exchange Law.
    8. In order to place an Order, it is necessary for the Customer to have an active e-mail address.
    9. The placing of an order by the Customer constitutes an offer by the Store to conclude a Contract for the sale of Goods. The offer is binding on the Customer if the Store confirms the execution of the Order within 3 working days. 
    10. After sending the Order, the Customer receives a confirmation of receipt of the Order from the Shop in the form of an e-mail with the number assigned to it and at least the following information, i.e.:
      1. data of the Shop and the individual items of Goods on the Order,
      2. total gross price,
      3. method and time of payment,
      4. the method and time of dispatch/collection of the Order.
    11. The contract with the Customer, who is a Consumer, is concluded as soon as the Shop confirms the Order placed.
    12. The Customer, being an Entrepreneur, may not revoke an offer to conclude a Sales Contract.
    13. If online payment is not received by the Shop, the Order is not considered to have been duly placed, which means that the contract does not come into effect and the Order will not be fulfilled.

  7. METHOD OF PAYMENT
    1. Current payment methods are specified on the Shop page under Delivery and Payment. 
    2. All prices of the Goods are quoted in the currency of the Polish zloty (PLN).
    3. The price does not include delivery costs or any other charges that the Customer is obliged to pay in connection with the purchase of the Goods (e.g. customs duties).
    4. In the case of Entrepreneurs, the wish to receive a VAT invoice must be indicated before selecting the method and proceeding with payment for the Goods. 
    5. If a VAT invoice is requested, the Entrepreneur provides the necessary details, whereby the provision of the VAT number for the invoice must be made no later than when placing the Order.
    6. The shop is not responsible for incorrect or incomplete VAT invoice details provided by the Entrepreneur.
    7. Customers who are Entrepreneurs agree to receive invoices electronically, without signature to the e-mail addresses indicated at the time of the Order.
    8. For customers who are Consumers, the sales document may also be sent to the e-mail address indicated in the Order. 
    9. Until the full Price is paid, the Goods shall remain the property of the Shop
    10. The customer can choose from the following forms of payment:
      1. by bank transfer;
      2. by payment card;
      3. EPransfer;
    11. In order to verify the transfer as quickly as possible, the following must be stated in the title of the transfer: number of Order or Goods and Customer details.
    12. If the data referred to above are not provided in the title, the Shop will endeavour to ascertain the Customer's data, in particular by contacting the Customer. If it is not possible to establish the order number for a given transfer, the Shop returns the amount paid to the bank account from which the transfer was sent and the order is cancelled.
    13. The shipping cost is added to the Order, depending on the weight of the goods and the choice of delivery method. This cost is indicated each time the Order is placed.
    14. If the full price is not paid on time, the Shop may cancel the Customer's Order, of which the Customer will be informed. If the Customer has paid part of the price, the Shop will refund the entire amount paid.

  8. DELIVERY
    1. Delivery is by courier, unless other delivery options are specified.
    2. Courier delivery rules and delivery prices are available at the address of the respective supplier available under Delivery and Payment. 
    3. The delivery time of the Order depends on the processing time of the Order and the delivery time, in the event that delivery by courier or parcel machine is selected.
    4. The lead time for an Order, with the exception of Orders paid on delivery, runs from receipt of confirmation of transfer or payment by the Shop to the dispatch of the Goods to the supplier chosen by the Customer from the options indicated on the Delivery and payment tab. 
    5. The delivery time of an Order is 3 (three) Business Days, unless a different time is specified by the Shop directly. The lead time is calculated in Business Days. 
    6. Delivery of the Goods to the Customer is chargeable, unless the Contract of Sale states otherwise. The costs of delivery of the Goods (which include transport, delivery and postal fees) are indicated to the Customer on the Shop website under the tab Delivery and Payment.
    7. The estimated lead time for the Order will be given in the confirmation of the execution of the Order sent to the customer in an e-mail.
    8. The shop reserves the right to postpone the date of dispatch in the event of the courier not being present to collect the parcels or an excessive number of parcels on a given day. The shop will inform the customer of this.
    9. Once the Order has been prepared and payment has been received, the Shop or its supplier will send the Customer, via e-mail order confirmation and will begin shipping the order to the customer.
    10. The Shop reserves the right to confirm acceptance of an Order by contacting it by telephone or e-mail and verifying the Customer's details. The shop reserves the right to cancel the Order if it is not possible to contact the Customer.
    11. Unless separately agreed with the Customer, the Shop shall specify the type or manner of marking or packaging of the Goods.

  9. ADVERTISEMENT
    1. If a defect is found, the customer is entitled to lodge a complaint.
    2. The shop will respond to the complaint immediately, at the latest within 14 days of receiving the complaint.
    3. All complaints concerning the purchased Goods should be submitted by e-mail or on paper with the Customer's signature to the address indicated above as the delivery address. The complainant will be informed of the manner in which the complaint will be dealt with by email.
    4. The complaint should be made on the Goods Complaint Form. Proof of purchase must be enclosed with the claim.
    5. The basis and scope of the Shop's liability towards the Customer if the Goods have a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code.
    6. The shop may refuse to satisfy the request of the Customer, who is a Consumer, if bringing the defective thing to conformity with the contract in the way chosen by the Consumer is impossible or in comparison with the other possible way of bringing it to conformity with the contract would require excessive costs. If the consumer is a trader, the seller may also refuse to replace the item with a defect-free item or to remove the defect if the cost of remedying this obligation exceeds the price of the item sold.
    7. In the case of customers who are Entrepreneurs:
      1. The parties exclude any warranty for defects in the Goods, 
      2. The shop is not liable for indirect damages or lost profits of the customer.
      3. The Store's liability under a Sales Contract is limited to the amount of the price actually paid under the relevant Sales Contract.

  10. WITHDRAWAL FROM A CONTRACT - CONSUMERS
    1. Pursuant to Article 38(2) of the Consumer Rights Act, the Consumer is not entitled to withdraw from an off-premises or distance contract with respect to contracts in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the expiry of the deadline for withdrawal from the contract. Accordingly, the right of withdrawal from the Sales Contract is not available in respect of Listed Goods.
    2. The Customer, who is a Consumer in relation to Goods that are not Listed Goods, may withdraw from the Sales Contract and return the Goods without giving any reason within 14 days from the date of their delivery by sending them back to the address of the Shop together with a completed return form (Statement of withdrawal).
    3. The cost of returning the Goods shall be borne by the Customer who is a Consumer.
    4. The shop shall immediately acknowledge to the Customer, being the Consumer, at the e-mail address (given at the conclusion of the contract and any other address if given in the declaration submitted) receipt of the declaration of withdrawal.
    5. In the event of withdrawal from the Sales Contract, the contract shall be deemed not to have been concluded.
    6. The refund of the Price for the returned Goods will be made immediately upon receipt of the Goods. In the case of COD or traditional transfer, the time to receive the Price may be up to 14 days.
    7. The Customer who is a Consumer shall be liable for any diminution in the value of the Goods which are the subject of the Sales Contract and which is the result of using them in a manner which goes beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

  11. SETTLEMENT OF DISPUTES
    1. Detailed information concerning the possibility of using out-of-court complaint and redress procedures by the Customer who is a Consumer, as well as rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:
      1. http://www.uokik.gov.pl/spory_konsumenckie.php;
      2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
      3. http://www.uokik.gov.pl/wazne_adresy.php.
    2. In particular, the consumer has the following options for out-of-court complaint and redress procedures:
      1. shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act on Trade Inspection for settlement of a dispute with the Store.
      2. is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Trade Inspection Act, for the initiation of mediation proceedings for the amicable settlement of the dispute.
      3. may obtain free assistance in resolving a dispute between him and the Shop, using also the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
    3. A customer who is a Consumer has the right to use out-of-court means of complaint handling and redress. For this purpose, he can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

  12. FINAL PROVISIONS
    1. The regulations come into force on 01,June.,2024. 
    2. The regulations may be available in different language versions. 
    3. In the event of any discrepancies between the language versions of the Terms and Conditions, product descriptions, product sheets or other information on the website, the Polish language version shall prevail.
    4. Data protection issues are governed by the Privacy Policy.
    5. The law applicable to Contracts for Sale or Contracts for gratuitous provision of services by electronic means between the Customer and the Shop under the terms and conditions specified in the Terms and Conditions is Polish law. The reservation of the jurisdiction of Polish law does not apply to customers in relation to whom the provisions of the generally applicable law regulate this issue differently.
    6. The Shop does not charge any fees for communicating with it by means of distance communication, and the Customer shall bear the costs thereof in the amount resulting from the contract he or she has concluded with a third party providing him or her with a specific service enabling distance communication.
    7. In the case of customers who are entrepreneurs, any disputes related to or arising out of the Sales Agreement or compliance with the provisions of the Rules and Regulations shall be settled by the court having territorial jurisdiction over each registered office of the Store.
    8. In the case of customers who are entrepreneurs, the assignment of rights from the sales contract may only take place with the prior documented consent of the shop.
    9. The shop reserves the right to make changes to the Terms and Conditions. Orders are processed on the basis of the version of the Terms and Conditions that was in force on the day the Customer placed the Order.
    10. Information on changes to the Terms and Conditions will be posted on the Shop's website.
    11. In the case of Customers who have an Account, the Shop will inform them of the change to the Terms and Conditions via an e-mail message. If the Customer does not accept the new content of the Terms and Conditions, he/she should inform the Store and thus terminate the agreement with the Store.

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