General Terms and Conditions of The Metals

1. Relevant Conditions

The following terms and conditions apply to all contracts with The Metals, even if they are no longer mentioned in later contracts. They also apply if the contractual partner refers to its own terms and conditions, especially when accepting the order confirmation, unless these have been expressly agreed in writing. Subsidiary agreements or assurances by representatives of The Metals, which do not conform to the content of these conditions, must be agreed in writing. This also applies to all future business relationships, insofar as the entire business relationship has not been regarded as definitely ended for both parties.

2. Offers, tenders, auctions, new customers

2.1 The Metals’ offers, tenders, auctions and inquiries are non-binding and subject to change. In tenders and auctions, The Metals acts as the transmitter of the declarations of intent of the initiators or bidders. The Metals assumes no liability for the content of the declarations of intent.

2.2 The knockdown obliges the customer to accept and pay before delivery of the Metals. Before the auction, the bidders pay the total amount into the account of The Metals. Once the highest bidder has been accepted, the other bidders will receive the amount they have already paid back. In this case, however, an auction amount of 7.7% of the order value is retained.

2.3 Reservations and binding acceptance made by the customer against an invoice with an amount of 10% of the purchase price leads to the purchase contract. The concluded sales contract states that the customer undertakes to fulfill the sales contract within 6 weeks of the down payment / partial payment. If he does not do so, the 10% deposit counts as an expense allowance and will not be reimbursed. The deposit will be offset in the event of fulfillment.

2.4 Compliance Management System. The Metals works according to a compliance management system, or CMS for short. This is the entirety of the measures, structures and processes set up in an organization to ensure compliance with the rules, which can include legally binding and ethical rules. Without a due diligence check, no new customer or bidder will be accepted and if the due diligence check has not been passed, a purchase of Metals from us will be excluded.

3. Ordering and acceptance of applications

The contract is only concluded with the countersignature of the customer application by The Metals or with the first act of fulfillment. If the order confirmation deviates from the information provided by the purchaser, the purchaser is obliged to correct this information within two weeks of the order being placed. Otherwise the contract becomes effective with the conditions contained in the order confirmation.

4. Purchasing Policies

4.1 The Metals only purchases goods on the condition that the goods are handed over to you for inspection. If the delivered or sent goods do not meet the requirements, they will be returned at the sender’s expense. For this purpose, the customer receives the terms and conditions before dispatch. Conditions for buying Metals are:

4.2 The customer must be able to provide the source of funds for the goods without any gaps. Here the customer must provide evidence that allows conclusions to be drawn about the purchase date and condition, when and where he purchased the goods. The seller provides evidence to The Metals and guarantees that the goods do not originate from criminal activities. The agreed purchase price will be paid by bank transfer and transferred cashless within 5 working days after the examination has been completed. The customer is liable to the tax authorities for the proper taxation of temporary income. If the goods are of dubious origin, we will reject any purchase and, if necessary, take recourse against the seller. If the goods are evident to us from criminal origin, they will be retained and handed over to the responsible authorities.

4.3 If The Metals purchases goods from third parties, these will only be accepted after a thorough examination and approval; advance payment is excluded. The valuation can take up to 30 working days after the goods have been checked. If the goods are delivered to free warehouse, the conditions apply equally.

4.4 The Metals itself does not buy raw goods from third parties. After a thorough examination and approval, these goods are then placed directly on the market. For this purpose, all documents must be presented in advance of the appointment. We do not process these goods and refuse to process them any further. Without exception, we sell third-party goods to dealers and stock exchanges.

5. Data security

The Metals assumes no guarantee with regard to the data provided, this also applies to third parties. Insofar as data is transmitted to The Metals in whatever form, the customer ensures

Make copies so that in the event of a possible loss of data, this data can be reconstructed. The Metals servers are regularly backed up, but the customer is aware that all participants in the transmission path run the risk of eavesdropping on transmitted data. Absolute confidentiality of the transmitted data is therefore not guaranteed. The servers of The Metals offer the highest level of data security with our system.

6. Confidentiality, data protection

Unless expressly agreed in writing, the data provided by The Metals and submitted information and transmitted data are not considered confidential. The contractual partner is hereby expressly informed that The Metals will process its address, in machine-readable form and for tasks arising from the contract, and that this data will be saved. If The Metals uses third parties to provide the services offered, The Metals is entitled to disclose the participant data, insofar as this is necessary to ensure operation. For his part, the participant is not entitled to use The Metals to obtain information and data that are not intended for use by him or third parties. We expressly point out that all calls are recorded for training purposes and statistical surveys. The caller does not need any further consent to record the conversation. The Metals is solely responsible for deleting this data. The telephone subscriber expressly agrees that this data can also be used for legal purposes and legal pursuit.

7. Prices and terms of payment

7.1 If the contract is concluded for an indefinite period, The Metals is entitled to increase prices at any time. The change will take effect if The Metals does not receive any objection from the customer within 6 weeks of the customer receiving the notification of the change. With the notification of change, The Metals will inform the customer of the objection period and the consequences of failing to object. In the event of default, The Metals is entitled to demand interest at a rate of 10% p.a. above the respective base rate, according to the discount rate, transition law and to block the customer’s access immediately.

7.2 The agreed fees are to be paid in advance and are due upon receipt of the invoice or provision of the invoice. The invoice is placed in the customer’s configuration menu and can be called up there. If the customer requests the invoice to be sent by post, The Metals is entitled to charge the customer USD 3.00 per invoice.

7.3 In order to avoid unauthorized access to the services of The Metals, the customer agrees that he will receive the corresponding credit for the use of the services of The Metals, only after receipt of the entire fee in an account of The Metals, is made available. If the customer pays by credit card or direct debit, he hereby expressly declares that he waives his right of withdrawal, unless there is an important reason for this.

7.4 The Metals concludes contracts and agreements according to the agreement of the ICC 500/600 (International Chambers of Commerce, Paris). According to which the non-circumvention (NDA) of customers and suppliers towards The Metals is secured. In the event of violations, The Metals has the right to withhold commissions, advance payments, inventory and advance payments up to an amount of 50% of the order value. The right to do direct business is still possible for a period of 3 years, but must be remunerated with a commission of 2.5% of sales.

7.5 The customer has the right to return the item purchased from The Metals within 10 calendar days. The customer must prove justified complaints in writing within 3 calendar days and document the defect. In the event of an unjustified complaint and a return without qualified evidence, The Metals is entitled to withhold 20% of the purchase price as compensation and is not obliged to take back the goods. This also applies in the event that the customer withdraws from the purchase after receiving the invoice.

7.6 We deliver directly to the customer with a courier service within the EU. Each customer is responsible for customs clearance outside Switzerland. The agreed means of payment begins with acceptance. For goods valued below 5,000 USD, we charge 53.00 USD shipping costs within Switzerland; separate delivery costs are charged for the EU areas. If the value of goods is up to USD 50,000, the shipping costs will be split and The Metals will cover the total shipping costs for over USD 50,000. If the customer sends goods back to us for a legitimate reason (defective goods), we take over

The Metals here is the total cost. Goods that have been sent for inspection, the customer undertakes to assume the entire shipping costs and insurance costs. In the case of a procurement order and a goods value of over USD 20,000, the customer undertakes to pay 10% of the order value. If the customer does not buy the goods for whatever reason, the 10% will be retained as an expense allowance. In the case of flawless goods over USD 20,000 with expertise, the purchase of the expertise is agreed, here the customer undertakes to pay in advance. Should the customer return goods that have already been purchased, 20% of the order value will be retained as an expense allowance. In individual cases, the expense allowance can amount to up to 40%. The exchange rate and the associated currency risk are mutually excluded. In the event that intermediaries initiate a transaction, a commission must be agreed on a case-by-case basis, which is contractually guaranteed to the intermediary (s). The brokers agree that in the event that a transaction of 50,000 USD or more does not materialize, 10% of the order value is to be paid to The Metals as an expense allowance after the failure of the negotiations, however within the initiation of a maximum of 4 weeks. For sales over USD 1,000,000, the maximum rate is set at USD 25,000 as an expense allowance, which has been claimed from each agent who has confirmed a legally binding commission claim.

7.7 The Metals retains ownership of the delivered item until it has been paid for in full. If the buyer does not meet his contractual obligations, especially in the case of default in payment, we are entitled to take back the delivered item; the buyer is obliged to surrender the item. The withdrawal request does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. If the invoice has been issued and the customer is unable to pay due to insufficient quantities or within the agreed period, the lump sum for expenses will be reimbursed at 1.8% of the turnover. If the invoice is not booked out or canceled before the 30th of the month, a further 7.7% will be charged as an expense allowance.

7.8 The Metals is entitled to charge the daily flat rate of the respective members of the board of directors and board members in the event of late cancellations. If the appointment is canceled on working days within 48 hours of the start of the appointment, it is considered to be late. The rates are for the board of directors $ 3,500 per board of directors and for the board of directors are $ 5,000 per board of directors per day. This applies especially in the event that appointments are canceled during unmanned office hours. The hourly rates for the Board of Directors are USD 350.00 per hour and for the Executive Board are USD 500.00 per hour and are set per day. Office hours are Monday to Friday from 8 a.m. to 8 p.m., these times are binding. Faxes or e-mails that have been delivered are also considered to have been delivered late outside of these times.

7.9 The Metals enters into a contract with its freelancer on the basis of a commission agreement in which the remuneration is regulated. Commission recipients only receive commissions against a proper invoice. Flat rate expenses such as travel expenses, travel expenses and accommodation expenses are part of the success fee and cannot be billed separately. The freelancer undertakes to observe the terms and conditions and does not enter into any similar contracts with third parties in the business area. The Freelancer has no authority to act on behalf of The Metals and no authority to act on their behalf. The Freelandser is expressly prohibited from acting, entering into contracts, entering into agreements and doing business on behalf of The Metals. Without the original signature of the CEO, contracts are ineffective, the freelancer is seen as an arranger.

8. B2B condition

8.1 The contract is concluded for an indefinite period between the seller and The Metals. The customer can terminate the contractual relationship at any time and without giving reasons with a notice period of four weeks, unless otherwise agreed, the contract will be concluded until fulfillment.

8.2 The private customer commissions The Metals, with their interests, to sell the diamond (s) and Metals via the B2B platform.

8.3 The customer is informed about every bid and can approve or reject the sale. After three malignant rejections by the customer, the diamond is returned to the owner.

8.4 The Metals charges a one-time fee of 325 USD for the examination of the Meters cut for sale, which must be paid in advance, the Metalls is examined and then posted on the platform. The additional costs are due for this.

After a successful purchase, a fee of 3.5% must be paid to The Metals, which is payable on account.

8.5 With the offer, The Metals confirms that all documents made available to it are available and that no third party rights exist.

8.6 The Metals guarantees the proper transfer of ownership.

9. Appraisal activity

The Metals can be used as an appraiser in such a way that The Metals evaluates, appraises and assesses Metals in every shape, type and quality for third parties. Our expertise is valuable and accepted before jurisdictions such as the district court, regional court and also higher regional court in statements about authenticity, price and finding. For this purpose, we are sworn in in advance by the competent jurisdiction and act completely neutrally. The cost rates correspond to the daily flat rates under 7.8 of our terms and conditions

9.1 Investment advice

If The Metals and your advisors are used as investment advisors, the exclusion of liability is generally applied. The adviser acts independently and has no claim to liability. The cost rates correspond to the daily flat rates under 7.8 of our terms and conditions. A mere investment brokerage can be assumed if the customer is directly involved in a specific transaction about the acquisition (purchase, subscription) or sale (sale, termination) of a proposed physical asset The purchase or sale of a physical asset is given and provided that the recommendation is based on an examination of the personal circumstances of the investor or is presented as suitable for him. Thus, liability always remains with the investor / customer; it is agreed that the exclusion of liability applies to every consultant and especially to The Metals.

10. Contract term

The contract is concluded for an indefinite period. The customer can terminate the contractual relationship at any time and without giving reasons by giving fourteen days’ notice, unless otherwise agreed. If the customer has a credit on termination, the usage fees for the services already paid for under the contract will be reimbursed cashlessly. A refund in cash is not possible. The client is responsible for disclosing the reimbursement account and bears the costs incurred for the reimbursement.

11. Accountability

The Metals is only responsible for its own content, which it makes available for use, in accordance with general laws (Section 5 (1) TDG). The Metals is only responsible for third-party content that it makes available for use if it is aware of this content and it is technically possible and reasonable for it to prevent its use. However, this only applies to criminal liability; civil law responsibility for third-party content is excluded, unless the dissemination takes place deliberately with knowledge of the wrong content. The Metals is not responsible for third-party content to which it merely provides access. An automatic and short-term provision of third-party content based on user inquiries is only considered to provide access. The Metals reserves the right to block third-party content if it is punishable under the applicable laws or if it is recognizable that it serves to prepare for criminal acts.

12. Delay in performance

The Metals is not responsible for delays in delivery and performance due to force majeure and events that make the performance significantly more difficult or impossible for The Metals, even with binding deadlines and dates. These are then extended by the time of the delay. The place of performance for all services is Road Town British Virgin Island, provided the customer is a merchant.

13. Data security

Our customers, suppliers and business partners declare that, with every data exchange, they implicitly agree that all data will be backed up by The Metals. This is especially true for incoming and outgoing phone calls. These are automatically recorded and serve as admissible evidence in legal cases. Here we refer to the data protection provisions.

14. Final provisions

Any changes, additions or the partial or total cancellation of the contract must be made in writing, including changes to or cancellation of the written form requirement. The exclusive place of jurisdiction for all disputes arising from this contract is, if the customer is a merchant, legal entity under public law, special fund under public law or inland without a place of jurisdiction, the place of jurisdiction is Road Town British Virgin Island. For the contracts concluded by The Metals on the basis of these General Terms and Conditions and for any subsequent claims of any kind, the following applies exclusively

Lich English law excluding the provisions of the uniform UN sales law on the purchase of movable property. Should provisions of these general terms and conditions and / or the contract be or become ineffective, this shall not affect the validity of the remaining provisions. Rather, instead of each ineffective provision, a replacement provision that corresponds or at least comes close to the purpose of the agreement applies, as the parties would have agreed to achieve the same economic result if they had known the ineffectiveness of the provision. The same applies to incompleteness.

Status of the last update The Metals 30.08.2025