Version 1.0.0 - 27.02.2018
General Terms and Conditions
Bar9 GmbH, Ravensberger Straße 17a, 10709 Berlin, fax: +49(0)32226424420, entered in the commercial register
of the District Court (
Amtsgericht) of Charlottenburg under commercial register number (HRB) 192010 B, represented by managing director
Philip Scigala, VAT ID no.: DE 315902106 (hereinafter referred to as “
we”, or “
us“) and the
Client (hereinafter referred to as “
Client“ or “
you”; Bar9 and the Client together: “Parties”).
The goods offered by Bar9 are raw materials, some of which are subject to considerable price fluctuations. Even if precious
metals such as gold are considered a “safe investment” with a stable value, we would like to point out the
speculative nature and price fluctuations dependent on the international financial and commodity market, amongst other
things. Price development is hereby based on supply and demand, and is determined by numerous factors. This may lead
to, among other things, a risk of a loss of value caused by an increase in production capacity on the one hand or a drop
in demand on the other. Under no circumstances is Bar9 liable for any potential loss caused by the occurrence of such
You will receive NO investment or asset advice from us! You are solely responsible for the decisions you make involving trade
with precious metals. The information we provide does not replace advice and information tailored to your needs, objectives,
knowledge, experience, or circumstances. Profits generated in the past are not indicative of future yields.
We explicitly do not offer investment or asset advice and/or brokering services. We recommend seeking assessments from professionally
suitable advisors before placing an order if necessary.
Scope of application, definitions
- For all contracts (purchase and storage agreements) that are concluded between you as the Client (consumers and businesspeople)
and us as operators of the online shop at
www.bar9.com or in other ways by means of distance selling or electronic commerce, these General Terms and
Conditions (GTCs) apply in the version that is valid at the time of the order.
- Different or additional general terms and conditions of the Client are not recognised, unless we agree explicitly
consumer in the sense of the legal definition is any natural person that concludes a legal transaction
for purposes that can mainly be assigned to neither their commercial nor their independent professional activities.
businessperson is a natural or legal person or a partnership with legal capacity that is executing their
commercial or independent professional activity when concluding a legal transaction.
- These GTCs also apply to businesspeople within the context of ongoing business relationships for future transactions,
even if the Client only becomes aware of these Terms and Conditions after the first conclusion of a contract
between the contracting Parties.
- These GTCs are occasionally updated by us. Before each order, please display the GTCs and familiarise yourself
with the Terms and Conditions in each valid version. If possible, print the GTCs for later review and/or
save them locally. We will inform the Client in text form, if they are a businessperson, of changes to these
GTCs at the latest four (4) weeks before the point in time in which they become effective. The consent of
the Client that is a businessperson will be considered granted if they have not indicated their rejection
in text form by the point in time in which the changes become valid. We will then separately refer the Client,
if they are a businessperson, to this consent in our modification notice.
Offer, conclusion of contract
- The presentation of the precious metals and other services (storage) in our online shop is non-binding and does
not constitute a binding offer to conclude a contract.
- An order in our online shop is only possible after prior personal registration, within which you create a personal
user account by entering your complete and truthful details and are allocated a password. The details about
having a user account with us are set out in
Section 11 of these GCTs: “User account, duty of cooperation of the Client”.
- You will be guided through the process required to place an order via our online shop (order routine). By clicking
on the order button “Order and pay” (
Zahlungspflichtig bestellen) after fully completing the order page, you will submit a binding transactional
offer in accordance with § 145 of the German Civil Code (BGB) to conclude a purchase and storage agreement.
Before that, you can check your entries on the order overview page and correct them if necessary. Please
note that your order of precious metal is binding as soon as your order is received by us and cannot be revoked
by you: see also under
Section 7 of these GTCs: “Cancellation right and exclusion”.
- When ordering via our online shop, directly after sending your order you will receive an email from us in which
we will confirm receipt of your order (order confirmation). The order confirmation does not yet contain the
binding legal acceptance by us of your order.
- We can accept your offer to conclude a purchase and storage agreement within five (5) working days (not including
Saturdays, Sundays, and statutory public holidays) from the sending of your order by mailing an order confirmation
and invoice in text form; e.g. by post (§ 126 of the BGB). During this time, you are bound by your order.
Before we accept your offer by sending an order confirmation, we are free to decline acceptance of your order,
in full or in part, during the offer acceptance period without stating reasons. We will not unduly refuse
to accept your order.
- Should a purchase and storage agreement not come about between us and you, or only do so partially, you will
be informed about this promptly. We will immediately reimburse any consideration already provided to us,
via the channel through which we received your consideration.
- We are entitled to revoke our order confirmation if the presentation in our online shop and/or the order confirmation
mistakenly contains errors or incompleteness that have a detrimental effect on the content of the Contract
(e.g. unintentional deviations from the respective current market price, particularly due to incorrect data
processing). In this case, we will declare the revocation within five (5) working days after discovering
the error (e.g. via email) and immediately reimburse you the purchase price already paid, if applicable,
including ancillary costs. Our statutory rights, in particular to contest the Contract due to error, hereby
- After the payment of the purchase price, Bar9 will provide the Client with the ownership of the purchased precious
metal by granting fractional co-ownership of a collective holding of physical precious metals in bar form
(precious metal collective holding) in the possession of Bar9. The storage provisions of the precious metals
are specified in
Section 9 of these GTCs: “Storage terms, price and cancellation”. The co-ownership of the
precious metal collective holding is set out in more detail in the following
Section 4 of these GTCs: “Co-ownership of the collective holding, management authorisation”.
- Transfer of ownership is carried out by granting direct ownership, which takes place via the booking of the purchased
quantity in the precious metal deposit held by Bar9. Starting on today’s date, the Parties declare
their agreement regarding the transfer of ownership.
- A physical delivery of the precious metals will take place in accordance with the requirements set out in
Section 10 of these GTCs: “Handing over of precious metals,
Co-ownership of the collective holding, management authorisation
- The amount of the respective precious metal entered in the precious metal management deposit is decisive for
the determination of the co-ownership share of the precious metal collective holding of Bar9.
- The statutory regulations for the collective management and disposal in § 742, § 744 to § 746, and § 747(2) of
the BGB are excluded. The entitlement of the Client to cancellation is satisfied upon the fulfilment of the
requirements specified in
Section 10 of these GTCs by the delivery of the precious metals.
- Bar9 can hand over to any Client the quantity of precious metal due to them from the precious metal collective
holding, or remove quantity of precious metal that Bar9 is itelf entitled to. This does not require the consent
of the other parties involved.
- The applicable sale price on the date the payment of the purchase price is received (effective date) is considered
the one agreed upon. The precious metal prices stated in our online shop are subject to final price setting
on the effective date. The Client therefore declares their agreement to the specific quantity of precious
metal purchased being accordingly set only on the effective date.
- The precious metal prices stated in our online shop are updated daily and calculated using the average price
of international trade and commodities exchanges. A price increase on the effective date will affect the
quantity of purchased metal as will a corresponding price drop. The smallest unit of precious metal that
can be purchased is 1/1000 of a gram.
- The precious metal prices are in EUROS and include, if applicable, the value added tax at the statutory rate
(currently 19 percent). In the case of the precious metal
gold, value added tax is not levied, in accordance with § 25c of the German Turnover Tax Act (UstG:
- With the storage of the precious metals, monthly storage costs also apply. The amount of the storage fee is dependent
on your co-ownership share in the precious metal collective holding, and is specified under “
storage terms, prices and cancellation” in
Section 9.6 of these GTCs. The storage fee will be due monthly and deducted according to the amount of
your co-ownership share.
Payment terms, withdrawal and compensation
- The payment of the purchase price identified provisionally in the invoice will take place in accordance with
options named in the online shop under “payment methods” (
Zahlungsarten). Currently, only
advance transfer (advance payment) to the following bank account of Bar9 is available:
Account holder: Bar9 GmbH
IBAN: DE07 1005 0000 0190 6918 40
Bank: Berliner Sparkasse, Landesbank Berlin AG
- The purchase price is payable immediately without deductions upon conclusion of the Contract. The payment must
be made within three (3) working days, namely by final and unconditional crediting to the named account belonging
- Any costs in connection with the payment that are charged to you or us by third parties and over which we have
no influence (e.g. fees for foreign accounts, chargeback costs) must be borne and, if necessary, paid back
to us by you.
- If the payment is not carried out within the above payment time, we – even without the setting of a prior grace
drop-dead date) – are entitled to withdraw from the Contract and have the right to default interest and
compensation. Our compensation claim, depending on the amount, consists of at least the price change that
has occurred for the precious metal on the financial market in the meantime (
- Bar9 reserves the right to subject payments to more precise examination (e.g. payments by third parties) and,
if necessary, reject them. We are also entitled to withdraw from the Contract if a payment already made is
cancelled for reasons for which we are not responsible (
chargeback) or there are effective indications of improper payment (e.g. transfer fraud). Further claims,
particularly to compensation, are reserved.
Cancellation right and exclusion
Precious metal purchasing in distance selling/electronic commerce)
Please note that the price of precious metals is adjusted daily to correspond with the current precious metal
prices, and that there are different terms and conditions when ordering goods for which the prices in the
financial market are subject to fluctuations.
The price of precious metals depends on fluctuations in the financial market over which we have no influence
and that could occur within the otherwise existing cancellation period. Therefore, in accordance
with the regulation in § 312g (2) No. 8 of the BGB, relevant in relation to the purchase of precious metals,
no right of cancellation, even for consumers. Your order of precious metal is therefore binding
immediately after we receive your order and cannot be revoked by you.
Storage agreement in distance selling/electronic commerce)
Regarding the storage agreement concluded via our online shop or as another distance selling transaction, the
Client that is a consumer is entitled to cancellation based on statutory provisions. We have provided you
with information about this below, in accordance with the statutory template. A revocation of the storage
agreement does not affect future purchase contracts concluded for precious metals.
You have the right to withdraw from the storage agreement within fourteen days without stating reasons.
The cancellation period is fourteen days from the date of the conclusion of the Contract.
In order to exercise your cancellation right, you must inform us (Bar9 GmbH, Ravensberger Straße 17a, 10709 Berlin,
fax: +49(0)32226424420, email:
[email protected]) by means of a clear declaration (e.g. a letter sent by post, fax, or email) of your decision
to cancel this storage agreement. You can use the attached cancellation form template, but this is not mandatory.
To adhere to the cancellation period, it is sufficient for you to send the notification that you are exercising your
right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel the storage agreement, we must repay you all payments that we have received from you in relation
to the storage agreement, immediately and within fourteen days at the latest from the date on which we have received
the notification about your cancellation of the storage agreement. For this repayment, we will use the same payment
method that you used for the original transaction, unless explicitly agreed to otherwise with you; in no case
will you be charged fees for this repayment.
If you have requested that the services (storage) begin during the cancellation period, you must pay us a commensurate
amount corresponding with the portion of the services already provided up to the point in time at which you inform
us that you are exercising your cancellation right regarding the storage agreement, in comparison with the overall
scope of the services intended in the Contract.
End of cancellation instructions
- With the cancellation form template, we inform you as follows in accordance with the statutory regulations:
Cancellation form template
(If you intend to cancel your storage agreement, please fill out this form and send it back to us.)
- To: Bar9 GmbH, Ravensberger Straße 17a, 10709 Berlin, fax: +49(0)32226424420, email:
- I/we (*) hereby cancel the Contract concluded by me/us (*) regarding the purchase of the following goods
(*)/ the provision of the following service (*)
- Ordered on (*)/ received on (*) _____________________
- Name of the consumer(s) _____________________
- Address of the consumer(s) _____________________
- Signature of the consumer(s) _____________________ (only for notification on paper)
- Date _____________________
(*) Cross out as applicable
Contract language, storage of the Contract text
Storage terms, price, and cancellation
- The language available for the conclusion of the Contract is German.
- The Contract text, consisting of an order confirmation with the GTCs and payment confirmation, will be stored
by us, subject to data protection, and sent to you via email. You can view previous orders in your user account.
Handing over of precious metals from collective storage,
- For the implementation of the precious metal storage and duty-free storage, Bar9 keeps a special secure room
at a specialist storage company in Switzerland. For security reasons, we cannot grant you direct access to
the precious metal storage facility and the precious metals stored there.
- The Client deposits the precious metals purchased via Bar9 with a right to part of a whole (fractional ownership)
of the precious metal collective holding at the precious metal storage facility in Switzerland. In the personal
user area of our online shop, the Client can see their precious metal holding and its approximate market
value at any time online.
- With the conclusion of the purchase agreement regarding precious metals, a storage agreement for the purchased
precious metals is concluded between the parties at the same time. The storage begins directly upon the receipt
of the purchase price at the behest of the Client and before the expiry of the existing cancellation right
to the benefit of consumers.
- The precious metal inventory is insured for a sufficient amount. Collective management is permitted.
- Bar9 is entitled to entrust another depositary with the precious metal collective holding for storage. Bar9 is
obliged to inform the depositary of the following client details: surname, first name, address, nationality,
date of birth, and gold holding.
- The storage fee is 0.75% per year for each precious metal. It is calculated precisely to the day and deducted
in weight at the end of each month from the precious metal holding. The Client will receive a separate invoice
at the end of each month via email. The invoice can also be seen in the user area.
- The Client is entitled to demand the surrender of their stored goods at any time. The surrender must be declared
in writing. In this respect, the provisions regarding the
“handing over of precious metals from collective storage,
force majeure” (Section 10 of these GTCs) apply.
- Subject to further changes and legally valid power of attorney that is granted, only the client registered with
us or their legal representative are considered authorised to access the precious metals allocated to it
in the precious metal stores. Unless otherwise stipulated in a power of attorney document presented to us
in its original version, this applies beyond the death of the Client, but does not entitle cancellation,
contract changes or the issuing of sub-authorisation.
- The storage agreement is concluded for an indefinite period of time.
- The storage agreement can be cancelled by both Parties with the observance of a notice period of one month until
the end of the end of the month, unless there is a compelling reason that authorises the cancellation of
the agreement without the observation of a notice period.
- The cancellation must be in writing. It is valid on the date on which the cancellation declaration is received,
which we will confirm to you immediately in writing, e.g. via email. Until the actual termination of the
storage agreement, the storage fees must continue to be paid.
- After the termination of the storage agreement, the precious metal belonging to the Client will be sent in accordance
with the provisions regarding the “handing over of precious metals from collective storage,
force majeure” (
Section 10 of these GTCs).
Physical delivery will be available from July 2018.
User account, duty of cooperation of the Client
- The Client can request at any time the complete or partial dissolution of their precious metal inventory, whereby
the following must be observed:
- The following
delivery restrictions apply:
physical delivery is only possible in the following countries: Germany, Austria, Switzerland, the
Czech Republic, Slovenia, Poland, Latvia, Romania, Belgium, Spain, Portugal, Slovakia, Hungary, France, Netherlands,
and Luxembourg. Other countries upon request.
- The smallest delivery sizes (
minimum quantities) and any further precious metal units are 100g for gold (1000g for silver, 100g for
platinum, and 100g for palladium).
- Fractions are generally calculated and paid out as a monetary value based on the respective current London afternoon
fixing on that date for the corresponding precious metal type.
- If the precious metal available or remaining in the precious metal inventory of the Client is below the minimum
quantity or precious metal unit, the Client has the opportunity to pay extra for the difference between the
actual and minimum quantity or precious metal unit and have it delivered.
- The precious metals will be delivered in the form of bars from an internationally recognised smithing establishment
(obligation in kind). These internationally recognised smithing establishments are those that are recognised
London Bullion Market Association at the time of the transaction. The purity or assay of the precious
metals is as follows: gold: 999.9/1000; silver: 999/1000; platinum: 999.5/1000, and palladium: 999.5/1000.
- Unless otherwise agreed, the delivery will be made to the last known address of the Client.
- The physical delivery of precious metals takes place at the expense of the Client, whereby freight costs, insurance
costs, administration and processing costs, taxes, customs duties, and other country-specific charges, for
example, must be paid by the Client in advance. For each individual delivery, the Client will be given an
- The delivery of precious metals requires that all information and documents to be transferred by the Client and
required for the execution of the delivery be transferred to us.
- The provision of the precious metals takes at least 14 working days.
- In the case of
force majeure, we are released from our delivery obligation for the duration of the circumstances of
force majeure. All circumstances independent of our will and influence are considered
force majeure. This includes circumstances that are unforeseeable, severe, and through no fault of our
own, and that occur after the conclusion of this Contract. If we are prevented from fulfilling our contractual
force majeure, this is not considered a breach of contract. Any agreed delivery periods will be extended
by the duration of the circumstances of
force majeure. We will undertake everything within our powers that is necessary and reasonable to minimise
the extent of the consequences caused by
force majeure. We will inform you of the beginning and end of the hindrance as quickly as possible in
- The opportunity of the client to submit an offer to conclude a purchase and storage agreement requires its prior
registration with us at
www.bar9.com. Registration is free. Any (internet) connection fees are not taken into account and must
be borne by the Client. With registration, you will open a user account and thereby receive the opportunity
to use different functions (e.g. order history, data management, overview of your precious metal inventory).
We are entitled at any time to amend, extend, restrict, or completely discontinue offered functions and,
particularly in the case of suspected misuse, to temporarily or permanently block individual user accounts.
- To set up your personal user account, we require the following details: first and last name, email address, and
a password of your choosing supplied by you. The password must consist of letters, numbers, and special characters
and be comprised of at least eight (8) characters.
- Following registration, you will automatically receive a confirmation link via email sent to the email address
provided by you. Only after clicking on this confirmation link will the registration be confirmed for the
user account. You will then receive another automatic email in which you will be informed that your user
account has been set up. You can then log on by entering your email address and your password, and enter
your other necessary details (e.g. address, billing address, identification documents).
- The email address provided by you serves, together with the password, at the same time as an access code for
the user account. Apart from logging on, Bar9 will never ask the Client for their password.
- Due to the relevant provisions of the German Money Laundering Act (GwG:
Geldwäschegesetz), Bar9 is obliged to make sure that it and the service provider tasked with the storage
of the precious metals, pro aurum Schweiz AG, comply with the duty of care, which includes, inter alia, the
identification of the Client and the establishment of the economic beneficiary. The obligatory legitimacy
and identification check to determine and document the Client (“KYC” process) that is necessary,
amongst other things, for the proper booking of your fractional co-ownership of the precious metal collective
holding, includes the following information and data that must be demonstrated by suitable documents: surname,
first name, address, telephone number, nationality or place of business, date of birth or founding, identity
document or passport number including validity period (date of issue and date of expiry), and bank details.
Bar9 tasks a qualified service provider with the execution of the KYC process. We reserve the right to carry
out an identity check of our clients, especially in the event of high order volumes or instances of suspicion,
independent of the statutory provisions.
- The Client is obliged to provide all information and documents necessary to execute the Contract. The Client
assures that all information provided by them is truthful. Changes must be reported to Bar9 immediately and
in writing or updated accordingly in the user account.
- Registration is only allowed for natural persons of legal age and with unrestricted contractual capability, legal
persons, and partnerships with legal capability. Underage people are not allowed to register with Bar9. The
registration of a legal person or partnership may only be carried out by a natural person with authority
to represent, whose name must be stated. During registration, only individual persons may be entered as holders
of user accounts (in other words, no married couples, registered civil partnerships, or families).
- After successful registration, legal statements (such as invoices) can be legally sent via email to the email
address entered in the user account or by configuring the user account.
- The Client is obliged to ensure adherence to all statutory and regulatory provisions applicable to them. In particular,
the Client assures that all assets they introduce to the business relationship do not originate from criminal
actions or illegal sources, and that they are or will be properly taxed at the location of the Client.
- Subject to other agreements, any agents must identify themselves upon each case of access and, if they are not
the Client, identify themselves as authorised to represent the Client. Unless we know otherwise, persons
who have already effectively acted in their own name upon the conclusion of the Contract, or persons who
have been subsequently granted effective power of attorney by the Client, also after a corresponding identity
check, is generally considered authorised to represent the Client (particularly companies).
- Claims of the Client for compensation are excluded. This excludes compensation claims of the Client resulting
from loss of life, physical injury, or damage to health, or from the violation of essential contractual obligations
and liability for other damage that is based on an intentional or grossly negligent breach of duty by Bar9,
its legal representatives, or its vicarious agents. Essential contractual obligations are such obligations
of which the fulfilment is necessary to achieve the objectives of the Contract.
- In the event of a violation of essential contractual obligations, we are only liable for foreseeable damage that
is typical of a contract if caused by simple negligence, unless it is a compensation claim of the Client
resulting from loss of life, physical injury, or damage to health.
- The restriction of the two clauses above also applies to the benefit of the legal representatives and vicarious
agents of Bar9, if claims are asserted directly against these parties.
- The liability restrictions in the first two clauses do not apply if Bar9 has fraudulently kept the defect secret
or undertaken a guarantee for the condition of the performance object.
- You are not entitled to offset, unless your counterclaims are established by law or are undisputed.
- A surrender of rights from the storage agreement (in particular to surrender the stored goods to a third party)
is only valid in writing and with our written consent, for security reasons. In this case, the storage agreement
will be transferred to the new Client after they have undergone a successful legitimacy and identity check.
We will only refuse to grant permission for good reason. You must inform us immediately if you intend to
transfer rights and obligations from the storage agreement with us.
- This Contract overrides all previously concluded arrangements, independent of whether we have concluded these
agreements with you in writing or verbally. There are no verbal ancillary agreements.
- Changes, additions, and the cancellation of these GTCs each require written form in order to be valid. This also
applies for changes to this written form clause itself. The above written form requirement does not apply
for agreements that are made between us and you verbally after the conclusion of the Contract. In this case,
we agree that for the content of a verbal agreement, a written confirmation is necessary.
- Unless otherwise stipulated in these GTCs, text form as per § 126b of the BGB, e.g. email, is sufficient for
adherence to the written form requirement.
Applicable law, place of jurisdiction
- The law of the Federal Republic of Germany applies to all contracts between us and you, with the exclusion of
the UN International Sale of Goods treaty (CISG).
- If you are a consumer and you have your place of residence outside of Germany, it is made clear that absolutely
no restrictions of any further mandatory consumer rights in accordance with the law of the country in which
you have your place of residence are associated with this choice of jurisdiction.
- If you are a businessperson, merchant within the meaning of the German Commercial Code (
Handelsgesetzbuch) or a legal person under public law, the sole – and international – place of jurisdiction
for all disputes resulting from contractual relationships between us and you is our company headquarters.
However, we are also entitled to assert claims at your company headquarters. The above does not apply if
another – mandatory by law – exclusive legal jurisdiction exists.
We collect and store data about you that is necessary for the processing of transactions. When processing your personal
data, we observe the statutory provisions. The details can be found in our privacy statement, which we keep accessible
on our website.
- Should individual provisions of these GTCs be or become invalid, this will not affect the validity of the remaining
provisions. This does not apply if adherence to them would constitute unreasonable hardship for you or us.
- The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact
point for the extrajudicial settlement of disputes concerning contractual obligations resulting from online
purchase agreements. Further information is available at the following link:
We are not obliged to take part, and we do not offer to participate, in a dispute resolution process before a consumer arbitration body.