General Terms and Conditions
Status as of 17.04.2022
PreMeSec makes the trading platform available to its users until revoked. Users may offer precious metals for sale or purchase precious metals from other users.
Users who sell a product in a trading transaction are referred to as sellers in the following text. Users who purchase one or more products in a trading transaction are referred to as buyers in the following text.
PreMeSec merely provides a platform for initiating and concluding sales contracts. PreMeSec is therefore purely an intermediary and in no way a party to a trade.
Trading on premesec.ch
Trading on premesec.ch is subject to Swiss law.
Offers on premesec.ch are binding. Should a buyer accept an offer from a seller via the corresponding functions on premesec.ch, a contract is concluded.
For the purpose of fulfilling the contract, PreMeSec shall provide the seller and the buyer with the e-mail address of the respective counterparty.
Products admitted to trading
Only investment precious metals are permitted for trading on PreMeSec, this includes precious metal coins, bars, table bars and coin bars. Only products that are available for selection on premesec.ch may be traded. Should a seller wish to trade a product that is not included in the extensive product collection on premesec.ch, he can contact PreMeSec and ask for the product to be included. PreMeSec is not obliged to include new products.
Only genuine investment metals may be sold on premesec.ch; no copies, replicas, models, forgeries, dummies etc. may be sold. The traded goods must comply with the legal requirements for precious metals, in particular the precious metals control legislation. Products must be made 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 permitted on the platform.
Right of use
The right to use the platform is granted until revoked. PreMeSec may deny or withdraw the right to use the platform to individual or all users at any time without stating reasons. Withdrawal of the right of use shall not give rise to any liability for damages on the part of PreMeSec towards the user or users.
Users without registration
Non-registered users can view the offers of other users.
Users with registration
Users with registration can create offers, place bids, buy offers and ask questions.
Requirements for registration
Registered users may be natural persons or legal entities resident or domiciled in Switzerland. Users must be capable of acting. Natural persons must also have reached the age of 18.
To register, users must upload a valid identity document (passport or identity card on both sides). The ID card is stored in encrypted form at PreMeSec.
In the case of legal entities, the ID must come from a person authorised to sign according to the entry in the commercial register.
A valid Swiss telephone number must also be provided.
PreMeSec may request further information such as confirmation of the user's home address or identification.
Obligations of users
User data and communication
Users are obliged to provide all information truthfully and completely and to keep this information up to date at all times. Messages, invoices and reminders are deemed to have been delivered when they have been sent to the last known address.
Use of the trading platform
Users are obliged to use the premesec.ch trading platform exclusively for the intended purpose of trading investment precious metals with other users. Misuse shall result in claims for damages by PreMeSec against the user.
Significance of the GTC for users
Users are obligated to abide by these GTC; no valid sales contract shall be concluded in the event of a breach of these GTC.
After the conclusion of a sale on the platform, both parties are obliged to exchange the goods for money within 14 days or to mutually agree on a later date.
Users must identify themselves to each other by showing an official identification document, including a note of the identification number. It is not necessary to provide an address.
Special obligations of sellers
Users who offer goods for sale on premesec.ch undertake to use Swiss bank accounts in the event of advance payment.
The seller is obliged to deliver the goods on Swiss territory.
Special obligations of buyers
Buyers are obliged to provide the seller with a Swiss address in the name of the buyer before sending the goods.
If a seller finds a buyer for a product offered by him on premesec.ch, he owes PreMeSec an advertising or auction fee corresponding to the price valid at the time the offer was made.
Types of offers
There are two types of offers on premesec.ch. Buy-it-now offers and auctions.
With buy-it-now offers, a seller offers one or more products for immediate purchase at a fixed price.
With auctions, 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 is automatically extended, see chapter "Duration or extension of duration".
Furthermore, it is possible to set a buy-it-now price for an auction. If a buyer is prepared to accept this buy-it-now offer, the auction ends immediately and the buyer receives the products offered at the price stated.
Term or extension of term
Buy-it-now offers and auctions have an end date. At the latest on this date, a product is removed from the offer lists. An exception to this rule are auctions where bids are received shortly before the end of the auction. In this case, the auction is automatically extended by a few minutes until no more bids are received.
If a buy-it-now offer finds a buyer, it is automatically removed from the offer list.
Sellers are obliged to provide all relevant information, in particular information about the condition of the item and any damage that may reduce its value, in a clearly understandable manner in the text of the offer.
The seller is obliged to use only texts and pictures for which he/she owns the copyright or for which he/she has the consent to use the copyright holder.
Uploaded images must show the products offered. If several products of the same kind are sold in one offer, the product which is in the worst condition must also be shown.
The use of symbolic images is not permitted.
Deletion of offers
PreMeSec reserves the right to partially or completely delete offers that violate the General Terms and Conditions, as well as offers from users who violate the General Terms and Conditions, without prior warning and without justification.
A deletion does not give rise to any liability for damages on the part of PreMeSec vis-à-vis the user.
Question and answer function
The question and answer function is exclusively for the clarification of any ambiguities regarding an offer. The use for side agreements, advertising etc. is prohibited.
Prohibition of circumvention of fees
It is forbidden to circumvent PreMeSec's fees. Attempts to do so may result in the permanent exclusion of the respective user.
Honest use of the rating system
Ratings from other users must be truthful and directly related to the trade in question.
The use of the rating system as a means of pressure to obtain additional services from the other party is expressly prohibited.
Prohibition of links to third party sites
The publication of links to third-party sites is prohibited and will be removed.
Prohibition of advertising
The advertising of any company or service or product that is not traded on premesec.ch through the functions provided for this purpose is prohibited.
Prohibition of illegal use
The use of the platform for unlawful activities such as the following, non-exhaustive list, is prohibited:
- Infringement of copyrights (in particular copyrights to texts and images)
- Circulation of forgeries
The deletion of advertisements and questions which violate these rules is subject to a charge for the offender (120.-- CHF/h, minimum 40.-- CHF).
In the event that individual provisions of these GTC are partially or wholly, void or invalid, the other provisions as well as parts of these provisions shall remain valid.
The invalid or void provisions shall be replaced by PreMeSec with provisions that are as close as possible in economic terms to the original legally valid provisions.
Gaps shall be filled in the same way.
PreMeSec excludes all liability for any damage caused by or in connection with the use of the premesec.ch trading platform to the extent permitted by law.
Premesec expressly does not guarantee and is not liable for the goods traded on the premesec.ch platform. Nor is PreMeSec liable for transactions that are concluded 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 may check, correct or delete the information at any time. Also, the efforts PreMeSec makes to prevent errors, deception, fraud and the information PreMeSec provides for the safety of users do not constitute any guarantee on the part of PreMeSec and do not entail any responsibility on the part of PreMeSec.
Users are responsible for their own information and media posted.
Users are liable for any damage caused by their use of the platform, including any legal costs.
PreMeSec GmbH shall be liable exclusively for grossly negligent or intentional unavailability of the trading platform.
The server time does not have to correspond to an official time.
The trading platform may be temporarily unavailable due to maintenance work or software updates; this does not entitle users to any claims against Premesec GmbH.
Serious technical disruptions and attacks
Should a shutdown be necessary for a short or longer period of time due to severe technical problems or attacks on the infrastructure, this shall 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 GmbH in such a case and shall not result in any liability claims by users against PreMeSec.
Our business activities are based exclusively on Swiss law. The place of jurisdiction is Rüthi (Rheintal).
The current version of the General Terms and Conditions published on premesec.ch shall apply.