General Terms and Conditions
1 Introduction
PreMeSec Ltd liab Co, Sonnhaldenstr. 6, 9464 Rüthi (Rheintal) (hereinafter PreMeSec) offers an internet-based trading platform for precious metals, premesec.ch. These Terms and Conditions govern the use of the platform by individuals and legal entities (hereinafter referred to as Users) and the relationship between PreMeSec and the Users. The PreMeSec offering is intended solely for persons whose primary residence is in Switzerland. The privacy policy and current fees are addressed in separate documents and are not an integral part of these terms and conditions.
As of 11/03/2025
2 Trading platform
PreMeSec provides the trading platform to its users until further notice. Users can offer precious metals for sale or purchase precious metals from other users.
Users who sell a product in a trade are referred to in the following text as sellers. Users who purchase one or more products in a trade are referred to in the following text as buyers.
PreMeSec merely provides a platform for initiating and concluding sales contracts. PreMeSec is therefore purely an intermediary and is in no way a party to a trade.
3 Trade on premesec.ch
Trading on premesec.ch is subject to Swiss law.
Offers on premesec.ch are binding. If a buyer accepts an offer from a seller using the corresponding functions on premesec.ch, a contract is formed.
To fulfil the contract, PreMeSec provides the seller and the buyer with the email address of the respective counterparty.
4 Products admitted for trading
Only investment precious metals are allowed for trading on PreMeSec, including precious metal coins, bars, tablet bars and coin bars. Only products that are available on premesec.ch may be traded. If a seller wants to trade a product that is not included in the extensive product collection of premesec.ch, he can contact PreMeSec and ask for the product to be added. PreMeSec is not obliged to accept new products.
Only real investment metals may be sold on premesec.ch, no copies, replicas, models, counterfeits, dummies, etc. The goods traded must comply with the legal requirements for precious metals, in particular the precious metals control legislation. Products must consist of gold, silver, platinum or palladium or their alloys. Products that only have a coating of the precious metals mentioned, e.g. gold-plated or silver-plated products, are not allowed on the platform.
5 Right of use
The right to use the platform is granted until revoked. PreMeSec can refuse or withdraw the right to use the platform from individual or all users at any time without stating reasons. The withdrawal of the right to use the platform does not result in any liability for damages on the part of PreMeSec towards the user or users.
6 Users
6.1 Users without registration
Non-registered users can view the offers of other users.
6.2 Registered users
Registered users can create offers, submit bids, purchase offers and ask questions.
6.3 Requirements for registration
Registered users can be natural or legal persons residing or having their registered office in Switzerland. Users must have the legal capacity to act. In addition, natural persons must have reached the age of 18.
To register, users must upload a valid ID (passport or ID card on both sides). The ID is stored encrypted at PreMeSec. Foreign passports and ID cards are only accepted with a registered Swiss residential address, otherwise both sides of the Swiss residence permit must be uploaded.
For legal entities, the ID must come from a person authorised to sign according to the entry in the commercial register.
In addition, a valid Swiss telephone number must be provided.
PreMeSec may request further information such as a confirmation of the residential address or user identification.
7 User obligations
7.1 User data and communication
Users are obliged to provide all information truthfully and completely and to always keep it up to date. Messages, invoices and reminders are deemed to have been delivered if they have been sent to the last known address.
7.2 Use of the trading platform
Users are obliged to use the trading platform premesec.ch exclusively for the intended purpose of trading investment precious metals with other users. Any misuse will result in claims for damages by PreMeSec against the user.
7.3 Importance of the GTC for users
Users are obliged to comply with these GTC. If these GTC are violated, no valid purchase contract will be concluded.
After a sale on the platform has been concluded, both parties are obliged to exchange goods for money within 14 days or to agree on a later date by mutual agreement.
Users must identify each other by showing official identification, including noting the identification number. It is not necessary to provide an address.
7.4 Special obligations of sellers
Users who offer goods for sale via premesec.ch agree to use Swiss bank accounts in the event of advance payment.
The seller is obliged to hand over the goods on Swiss territory.
7.5 Special obligations of buyers
Before shipping the goods, buyers are obliged to provide the seller with a Swiss address in the buyer's name.
8 Sales fees
If a seller finds a buyer for a product offered by him on premesec.ch, he owes PreMeSec an advertising or auction fee, which corresponds to the price valid at the time the offer is created.
9 Offers
9.1 Offer types
There are two types of offers on premesec.ch: buy-it-now offers and auctions.
9.1.1 Buy-it-now offers
In a buy-it-now offer, a seller offers one or more products for immediate purchase at a fixed price.
9.1.2 Auctions
In an auction, a seller creates an auction for one or more products. The auction has an expiry date and an expiry time, at which the product or products for sale are awarded to the buyer with the highest bid. If bids are received shortly before the end of the auction, the auction will be automatically extended; see the ‘Duration and extension’ section.
Furthermore, it is possible to set a buy-it-now price for an auction. If a buyer is willing to accept this buy-it-now offer, the auction ends immediately and the buyer receives the offered products at the stated price.
9.2 Duration and extension of duration
Buy-it-now offers and auctions have an end date. At the latest at this point in time, a product is removed from the list of offers. Auctions in which bids are still being received shortly before the end of the auction are an exception. In this case, the auction is automatically extended by a few minutes until no more bids are received.
If a buy-now offer finds a buyer, it will automatically be removed from the list of offers.
9.3 Offer information
Sellers are obliged to provide all relevant information, in particular information about the condition of the goods and any value-reducing damage, in a clearly understandable manner in the offer text.
The seller is obliged to use only texts and images for which he owns the copyrights or for which he has the author's consent to use them.
Uploaded images must show the offered products. If several similar products are sold in one offer, the product that is in the worst condition must also be shown.
The use of symbolic images is not allowed.
9.4 Deletion of offers
PreMeSec reserves the right to partially or completely delete offers that violate the terms and conditions, as well as offers from users who violate the terms and conditions, without warning and without explanation.
Deletion does not result in any liability for damages on the part of PreMeSec to the users.
10 Question and Answer Function
The question and answer function is intended solely for the clarification of any ambiguities in an offer. Use for ancillary agreements, advertising, etc. is prohibited.
11. Prohibition of fee evasion
It is prohibited to evade the fees of PreMeSec. Attempts to do so may result in permanent exclusion of the respective user.
12. Honest use of the rating system
Reviews of other users must be truthful and directly related to the corresponding trade.
The use of the rating system as leverage to obtain additional services from the other party is expressly prohibited.
13 Prohibition of links to third-party sites
The publication of links to third-party sites is prohibited and will be removed.
14 Prohibition of advertising
Advertising for any company, service or product that is not traded on premesec.ch through the designated functions is prohibited.
15 Prohibition of unlawful use
Use of the platform for unlawful acts such as those on the following non-exhaustive list is prohibited:
-
Insult
-
Infringement of copyrights (in particular copyrights to texts and images)
-
Deception
-
Fraud
-
Circulating counterfeits
The deletion of advertisements and questions that violate these rules will result in costs for the person responsible (CHF 120/h, at least CHF 40).
16 Severability Clause
In the event that individual provisions of these GTC are partially or wholly void or invalid, the remaining provisions and parts of these provisions shall remain valid.
The ineffective or invalid provisions will be replaced by PreMeSec with provisions that most closely approximate the original economic intent in a legally effective manner.
Gaps will be closed in the same manner.
17 Liability exclusions
17.1 General
PreMeSec excludes all liability for any damages arising out of or in connection with the use of the premesec.ch trading platform, to the extent permitted by law.
Premesec does not guarantee and is not liable for the goods traded on the premesec.ch platform. PreMeSec is also not liable for transactions that take place between users on the platform.
Users trade goods with each other on the platform at their own and sole responsibility.
As the operator, PreMeSec is not responsible for the accuracy of the information provided by users and can check, correct, or delete the information at any time. The efforts that PreMeSec undertakes to prevent errors, deceptions, and fraud, as well as the information that PreMeSec provides for the security of users, are not a guarantee of any kind on the part of PreMeSec and do not result in any responsibility for PreMeSec.
Users themselves are liable for information and media posted.
Users are liable for damages resulting from their use of the platform, including any legal costs.
17.2 Technical faults
The PreMeSec Ltd. is only liable for grossly negligent or intentional unavailability of the trading platform.
The server time does not have to match an official time.
The trading platform may be temporarily unavailable due to maintenance or software updates, and this does not entitle users to any claims against Premesec Ltd liab Co.
17.3 Severe technical faults and attacks
Should a shutdown be necessary for a short or extended period due to serious technical problems or attacks on the infrastructure, this will not result in any liability claims by users against PreMeSec. The decision to delete offers due to the aforementioned points is the sole responsibility of PreMeSec Ltd liab Co in such a case and will not result in any liability claims by users against PreMeSec.
18 Place of Jurisdiction
Our business activities are based exclusively on Swiss law. The place of jurisdiction is Rüthi (Rheintal).
The GTCs are applicable in the currently valid version published on premesec.ch.