GTS AG, Cologne

1. scope of application

These General Terms and Conditions of Business (hereinafter referred to as “GTC”) shall apply in principle to all present and future contractual business relations between GTS AG, Butzweilerstraße 35-39, 50829 Cologne (hereinafter referred to as “GTS”) and purchasers, i.e. customers of GTS, who are either consumers or entrepreneurs (hereinafter referred to jointly as “contracting parties”), unless individual provisions apply only to legal relations with consumers or entrepreneurs and these GTC expressly provide otherwise.

In this context, consumers within the meaning of Section 13 of the German Civil Code (BGB) shall be understood as any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity (hereinafter referred to as “consumer”).

Any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (hereinafter referred to as “Entrepreneur”) shall be deemed to be an Entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

The GTC shall apply in their respective valid version upon conclusion of a contract between the aforementioned parties.

The contract language is German.

GTS offers, in simple terms, various blockchain-based products via the website it operates at www.heygold.com (hereinafter referred to as the “Platform”).
The GTC shall become an integral part of the respective contractual relationship upon conclusion of the contract. Deviating terms and conditions of the contractual partner shall not be accepted. This shall also apply if GTS does not expressly object to their inclusion.

GTS reserves the right to change the service description or the GTC and other conditions at any time and without giving reasons. Such changes shall not apply to orders already placed. GTS will only carry out these changes insofar as this is necessary for the elimination of equivalence disturbances arising subsequently or for the adaptation to changed legal or technical framework conditions. In addition, GTS shall inform the contracting party of the content of the amended provisions at the email address provided by the contracting party. In this case, the changes shall become an integral part of the contract if the contracting party does not object to their inclusion in the contractual relationship to GTS at least in text form within six weeks of receipt of the notification of change. In this case, GTS shall be entitled to terminate the contract.

GTS may be obliged to identify its contracting parties and any beneficial owner in certain cases due to statutory provisions (in particular the Money Laundering Act, Fiscal Code). In this case, the contractual partner is legally obligated to cooperate, in particular to present official identification documents and, if applicable, further necessary information and documents. Any changes arising in the course of the business relationship must be notified to GTS without delay. Irrespective of statutory provisions, GTS generally reserves the right to check the identity of its contractual partners for security reasons.

2. registration on the platform

The use of the platform and the services offered by GTS requires the one-time registration and creation of a user account of the contracting party on the platform. Registration and the creation of a user account is carried out electronically by filling out and sending a form provided by GTS on the platform.

Registration as a prerequisite for the conclusion of a contract between the parties requires the entry of personal data of the user (name, first name, billing address, email address, payment details/method of payment, including wallet).

Registration under a pseudonym or any other name is not permitted. In this context, the Contractual Partner shall also provide himself with an individualized freely selectable password. The Contractual Partner shall keep the access data strictly secret.

GTS reserves the right to reject registration applications or to exclude registered contracting parties from using the platform without stating a reason. Each registered Contractual Partner may at any time delete or change the data provided by him in the course of registration for the purpose of executing the respective order in the section “MY ACCOUNT”, provided that there are no legal requirements to the contrary or the data is still necessary for purposes for which it was collected. The contractual partner can change and view the data at any time.

3. conclusion of contract

Contractual partners can obtain information about the products offered by GTS AG on the homepage. The purchase of the individual products listed there is not handled via the GTS AG site, but via the homepages of the individual products. The GTCs of the respective products apply. Details of the purchase process can also be found in the GTCs of the individual products of GTS AG.

AGBs heygold: https://www.heygold.com/agb/

4. subject matter of the contract

The subject matter of the contract depends on the product selected by the contractual partner and can therefore be found in the GTCs of the respective product.

AGBs heygold: https://www.heygold.com/agb/

5. right of revocation

The contractual partner is entitled to a statutory right of revocation. The details of this can be found in the GTCs of the respective product of GTS AG:

AGBs heygold: https://www.heygold.com/agb/

6. warranty

The warranty rights of the contractual partner shall be governed by the general statutory provisions of the German Civil Code (BGB), unless otherwise stipulated below:

The limitation period for warranty claims is 2 years for contractual partners who are consumers, or 1 year for contractual partners who are entrepreneurs.

A shortening of the statutory limitation periods shall not apply to claims for damages of the contractual partner due to injury to life, body, health and to claims for damages due to a breach of essential contractual obligations. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and/or on whose compliance the customer may regularly rely (so-called cardinal obligations). A shortening of the statutory limitation periods shall likewise not apply to claims for damages based on an intentional or grossly negligent breach of duty by GTS, its legal representatives or vicarious agents. § Section 478 of the German Civil Code (BGB) and the provisions of the Product Liability Act (ProdHaftG) shall remain unaffected by this provision.

If there is a defect, GTS shall be entitled to subsequent performance. However, GTS shall also be entitled to refuse the type of subsequent performance chosen by the contracting party if it is only possible with disproportionate costs and another type of subsequent performance remains without significant disadvantages for the contracting party. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the contractual partner shall be excluded.

If the supplementary performance fails at least twice, the contracting party shall be entitled to reduce the purchase price or, at its option, to withdraw from the contract.

7. liability

Claims of the contractual partner for damages are excluded. Excluded from this are claims for damages by the contracting party arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by GTS, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

In the event of a breach of material contractual obligations, GTS shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless it is a matter of claims for damages by the contracting party arising from injury to life, limb or health.

Otherwise, claims for defects shall be subject to the statutory limitation period of two years, unless the contractual partner is not a consumer. In this case, the general limitation period for claims for defects shall be one year, unless GTS is liable for damages in accordance with the provisions of this Section 9.

8. Confidentiality

The contracting parties undertake, for an unlimited period of time, to maintain secrecy with regard to business and trade secrets as well as information designated as confidential which is made accessible to them in connection with the execution of the contract. Disclosure to third parties not involved in the execution of the order shall only take place with the prior written consent of the respective other contracting party.

9. Collection, storage and processing of personal data / data protection

GTS collects and processes the data of the contractual partner necessary for the business transaction. When processing the contracting party’s personal data, GTS shall comply with the statutory provisions. Without the consent of the contracting party, GTS will only collect, process or use personal data of the contracting party if this is necessary for the processing of the contractual relationship or if there is a legitimate interest of GTS.

The scope of data collection as well as the handling of personal data entered by the contractual partner can be found in the privacy policy of the respective product.

Privacy policy heygold: https://www.heygold.com/datenschutz/

10. identification obligations in accordance with the Money Laundering Act

Insofar as GTS is obliged to identify the contractual partner and any beneficial owner in accordance with the Money Laundering Act (GwG), the contractual partner shall be legally obliged to cooperate; in particular, the contractual partner shall provide GTS with the information and documents necessary for identification and shall notify GTS without delay of any changes arising in the course of the business relationship.

11. Storage of contract text

GTS shall not store the text of the contract, but shall send the order data and the GTC to the contract partner by e-mail. The contractual partner can also view and download the GTC here on the platform at www.heygold.com/AGB at any time. The contractual partner can view any past orders on the platform after logging in as a customer.

12. Ancillary agreements / text form

This contract contains all agreements made between the parties concerning the subject matter of the contract. Verbal collateral agreements do not exist.
Amendments to these General Terms and Conditions must at least be made in text form.

13. Language of the contract

The language available for the conclusion of the contract is German.

14. Applicable law

Contracts between the contractual partner and GTS shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the contractual partner has his habitual residence as a consumer, shall remain unaffected.

15. severability clause

Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions or the contract itself.

16. note on online dispute resolution in consumer matters

In case of disputes, the EU Commission offers an online platform for online dispute resolution (OS platform). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The contractual partner can access more detailed information and this OS platform via the following link: https://ec.europa.eu/consumers/odr

17. notice according to the law on alternative dispute resolution in consumer matters

GTS is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.