Article 1. Definitions
1.1. In the absence of explicit statement to the contrary,the terms used in these general terms and conditions are defined as follows:
User: MB Aurion, a legal entity registered in Lithuania, theuser of these general terms and conditions.
Contract: The contract between the user and the consumer,including contracts for the sale, purchase, or storage of precious metals.
Consumer: The user’s counterparty to the contract, who is anatural person and is not acting in the course of their profession or business,to whom the user sells and delivers goods, for whom the user renders storageservices, or from whom the user purchases goods under the conditions specifiedin Article 28.
The products presented on www.bit-aurum.com includegoods (precious metals) that are subject to fluctuations in the financialmarket and over which we have no control, and which may occur at short notice.For this reason and on the basis of a statutory exemption (Article 16(c) of EUDirective 2011/83/EU and Article 6.228(10) of the Lithuanian Law on ConsumerProtection), with these products, consumers have no right to cancel, even inthe case of distance contracts. Your order will therefore be binding immediatelyupon receipt by us and cannot be cancelled by you. More information onwithdrawal rights, cancellations, and returns can be found in Article 19:Withdrawal Rights, Cancellations, and Returns.
Article 2: Scope of Application
2.1. These conditions apply to all legal relationshipsbetween the user and the consumer, including all offers, quotations, andagreements to which the user has declared these terms and conditionsapplicable, unless expressly departed from in writing by the parties.
2.2. These terms and conditions also apply to all contractswith the user that are executed with the assistance of third parties.
2.3. Departures from these general terms andconditions are valid only if expressly agreed in writing.
Article 3. Offers and formation of the contract
3.1. All offers made by the user are subject to contractunless an acceptance period has been expressly stated in or in relation to thequotation.
3.2. Unless otherwise agreed, the prices stated in theaforementioned offers/quotations are exclusive of VAT and other governmentallevies, as well as costs incurred in relation to the contract, includingforwarding and administration expenses.
3.3. The offer is based exclusively on the informationprovided by the consumer, and the user can rely on the accuracy andcompleteness of that information. The consumer guarantees the accuracy andcompleteness of that information.
3.4. The contract is formed between the user and theconsumer by one of the following methods and times:
a) If no order confirmation is sent, at the time at whichthe consumer accepts in good time, verbally or in writing, and in unamendedform, an offer made by the user;
b) If an order confirmation is sent, at the time at whichthe user receives the returned order confirmation sent to the consumer, signedfor agreement;
c) Or at the time at which the user commences executionof the order on the consumer’s request.
Either party is free to make a case that thecontract has been formed by other means and/or at a different time.
Article 4: Execution of the contract
4.1. The user will execute the contract with the due carethat can reasonably be expected of a good contractor. The user does not,however, guarantee that a certain result will be achieved.
4.2. All deadlines indicated by the user areindicative and are not to be regarded as firm deadlines.
4.3. In cases of late delivery, the user must be held indefault by the consumer before being considered in default.
4.4. If required for the correct execution of the contract,the user reserves the right to have the work carried out by third parties.
4.5. The consumer shall ensure that the user is provided ingood time with all information that the user indicates is necessary or whichthe consumer could reasonably be expected to realize is necessary for theexecution of the contract. If the required information is not provided on time,the user reserves the right to suspend execution of the contract and/or tocharge the consumer with extra costs incurred as a result of the delay at thecurrent market rates.
Article 5: Delivery and costs
5.1. Delivery shall take place ex works/shop/warehouse of the user.
5.2. The consumer is obliged to accept the goods at thetime at which the user delivers them or has them delivered, or when they aremade available in accordance with the contract.
5.3. If the consumer refuses to take delivery or fails toprovide information or instructions necessary for delivery, the user shall beentitled to store the goods at the consumer’s expense and risk after notifyingthe consumer. All storage costs will be charged to the consumer.
5.4. If the user and the consumer have agreed on delivery,delivery shall take place free of charge unless the user has notified theconsumer of the delivery costs upon entering into the contract. The userreserves the right to invoice the delivery costs separately upon delivery.
5.5. The risk of the goods shall transfer to the consumerat the time at which they are legally and/or actually delivered to the consumerand are thus placed at the consumer’s disposal or a third party nominated bythe consumer for that purpose.
Article 6: Price and costs
6.1. The price is exclusive of VAT and all other costs incurred in the context of the contract.
6.2. The user reserves the right to increase the pricewithin three months of entering into the contract. If the user increases theprices, the consumer will be authorized to dissolve the contract unless theright to raise the price is provided for by law.
Article 7: Payment
7.1. MB Aurion directly accepts payments in cryptocurrencies.
7.2 Payment in cryptocurrencies must be made within theperiod specified in the order.
7.3 If the consumer fails to remit payment within theperiod specified in the order, the consumer shall be held in default byoperation of law. The consumer shall be liable for the payment of interestequal to the statutory interest rate under Lithuanian law. The interest overthe payable amount shall be calculated from the time at which the consumer washeld in default until full and final settlement, with part of a month deemed afull month.
7.4 The user’s claims on the consumer shall becomeimmediately due and payable in the event of the consumer being declaredbankrupt, granted suspension of payment, subjected to attachment, or placedunder administration or guardianship.
7.5 The user reserves the right to have payments made bythe consumer extend first to payment of costs, then to outstanding interest,and finally to the principal amount and current interest. The user can refuse apayment offer, without being in default, if the consumer indicates a differentorder of allocation. The user can refuse full payment of the principal amountif the due and current interest and costs are not remitted simultaneously.
7.6 If the user exceeds any payment period, the user hasthe right to discontinue further deliveries to the consumer until the fulloutstanding amount under all contracts has been paid. The user is furtherentitled to send subsequent deliveries exclusively on a cash-on-delivery basis.
7.7 By paying with cryptocurrencies, consumers accept thatrefunds and partial refunds in cryptocurrencies will be calculated based on theactual exchange rate and the invoice amount in EUR. In the case ofreimbursement, only the value of the transaction in Euros at the time of thetransaction (value on the invoice) can be refunded.
Article 8: Retention of title
8.1. All goods delivered by the user remain the property ofthe user until the consumer has met in full all obligations under the contract,at the user’s discretion.
8.2. The consumer is not authorized to pledge or encumberin any other way the goods covered by retention of title.
8.3. In the event of third parties imposing an attachmenton the goods delivered under retention of title or seeking to establish orinvoke any rights to them, the consumer is obliged to notify the user as soonas reasonably expected.ion of title.
8.4. If the user wishes to exercise their property rightsas provided in this article, the consumer gives unconditional and irrevocable permission for the user or third parties engaged by the user to enter theplaces where the user’s property is located and to repossess that property.
Article 9: Collection costs
9.1. All judicial and extrajudicial (debt collection) costs reasonably incurred by the user in connection with the consumer’s non-compliance or late compliance with his payment obligations shall be for the consumer’s account.All judicial and extrajudicial (debt collection) costsreasonably incurred by the user in connection with the consumer’s non-compliance or late compliance with payment obligations shall be for theconsumer’s account.
9.2. The consumer is liable for payment of statutory interest over the debt collection costs under Lithuanian law.
Article 10: Inspection / complaints
10.1 The consumer must notify the user in writing of complaints within 5 business days of establishing the defect. The complaint should contain a detailed description of the failure to perform to enable the user to provide an adequate response.
10.2 If a complaint is well-founded, the user is authorised to decide at his own discretion whether to amend the invoice, redeliver the relevant product or service or reimburse a proportion of the price already paid without continuing to implement the contract.
10.3 If the consumer fails to lodge a claim withinthe period provided in Article 10.1, all rights and claims regarding thesubject of the complaint shall be null and void.
Article 11: Expiry period
11.1. Unless otherwise provided in Article 10, if theconsumer believes the user has failed to implement the contract on time, completely, or correctly, the consumer must notify the user in writing withoutdelay and exercise their rights to institute claims within 12 months of thenotification date, or within 12 months of when notification should have occurred, failing which all rights and claims shall lapse.
Article 12: Suspension and dissolution
12.1 If the consumer fails to meet any obligation to the user, is declared bankrupt, applies for or is granted suspension of payment, has goods subjected to attachment, or is placed under administration orguardianship, the user has the right to suspend compliance with obligations or dissolve the contract in full or in part, without notice of default or legal intervention, and without obligation to pay compensation for damages, without prejudice to the user’s remaining rights, including the right to claim compensation.
Article 13: Guarantee
13.1. The user provides a three-month guarantee onall delivered goods, ensuring they meet normal standards of soundness, usability, and statutory requirements under Lithuanian law.
13.2. The user will repair faults occurring during normaluse free of charge, provided they are covered by the guarantee. The userdetermines whether the guarantee applies and the method of repair or mayreplace defective goods. If the user opts to replace goods with a new article,a standard percentage may be charged for depreciation/usage costs.
13.3. No claim can be made on the guarantee if:
– The defect or wear is due to defective maintenance or normal wear and tear;
– Changes have been made to the goods by third parties;
– Defects are caused by unintended or inexpert usage;
– Goods are damaged due to intentional acts, gross negligence, or external causes (e.g., lightning, power failure, natural disaster);
– The consumer fails to provide the user with the opportunity to investigate and repair the defect;
– The consumer fails to meet their obligations.
Article 14: Liability
14.1. In the event of the user supplying defective goods, the user’s liability to the consumer is limited to the provisions set forth in these conditions under “Guarantees”.
14.2. Where the manufacturer of a defective item is liablefor consequential losses, the user’s liability is limited to repairing orreplacing the item or reimbursing the purchase price.
14.3. The user cannot be held liable if the loss isattributable to intentional acts, gross negligence, or incorrect usage by theconsumer.
14.4. The limitations of liability do not apply if the lossis due to intentional acts or gross negligence by the user or theirsubordinates.
14.5. The user is authorized to limit or reverse theconsumer’s loss, and the consumer is obliged to cooperate fully.
14.6. The consumer is obliged to limit or reverse their loss and that of their members.
Article 15: Indemnification
15.1. The consumer indemnifies the user against claims of third-parties regarding intellectual property rights on materials or information issued to the consumer and which are used during implementation of the contract.
15.2 The consumer indemnifies the user against claims of third-parties regarding losses related to or arising from the contract implemented by the user if and insofar as the user is not liable to the consumer in that respect by virtue of the provisions of article 13.
Article 16. Force majeure
16.1. The parties are not be required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views.
16.2. Force majeure includes all circumstances, foreseen orunforeseen, beyond the user’s control, including strikes at the user’sbusiness.
16.3. No claims for compensation can be made by the consumerin the event of force majeure.
16.4. If force majeure leads to exceeding an agreed date orterm, the consumer may dissolve the contract by written notification. Thisdissolution shall not extend to goods already delivered or stored, which mustbe paid for in accordance with Article 7 or Article 29, as applicable.
Article 17: Applicable law and disputes
17.1. Unless mandatory rules of law provide otherwise, thecourt in the user’s place of establishment in Lithuania has exclusive competent jurisdiction.
17.2. All legal relationships between the user and theconsumer shall be governed by the laws of Lithuania. The Vienna SalesConvention is expressly excluded.
Article 18: Anti money laundering
18.1. In accordance with the Lithuanian Law on thePrevention of Money Laundering and Terrorist Financing, all transactions involving the sale or purchase of precious metals by the user with EU customersthat have a value of €15,000 or larger, or cumulative transactions that add upto this amount, trigger mandatory customer due diligence. For these transactions, a valid and official government-issued identification needs to be provided. Reports of unusual transactions are essential for the investigation and prosecution of crime, particularly money laundering and terrorist financing.
18.2. For non-EU customers, proof of identification isrequired for all orders or purchases of precious metals by the user over€15,000 or transactions from one customer that add up to this amount within oneday. The required documents include:
– Two copies of primary identification documents (e.g., current passport, driver’s license, or birth certificate);
OR
– One copy of a primary identification document AND one copy of a secondary identification document (e.g., utility bill, bank statement).
MB Aurion reserves the right to request notarised or certified copies of these documents or additional verification (e.g., source of funds) for customers from high-risk jurisdictions or in cases of suspected suspicious activity, in accordance with the Lithuanian Law on the Prevention ofMoney Laundering and Terrorist Financing. Documents may be scanned and emailedor physically mailed to us. These documents are retained securely for a periodof eight years, as required by Lithuanian law, and will not be submitted to or given to any third parties unless required by Lithuanian authorities (e.g., theFinancial Crime Investigation Service under the Ministry of the Interior) inrelation to an investigation into money laundering or terrorist financing.
Article 19: Withdrawal rights, cancellations and returns
19.1 In accordance with Article 16(c) of EU Directive2011/83/EU and Article 6.228(10) of the Lithuanian Law on Consumer Protection, there is no statutory right to return or cancel an order for gold, silver, platinum, or palladium once placed, due to price fluctuations in financial markets beyond our control. Agreements made by placing orders are legally binding. Consumers are reminded of this during the checkout process and must accept these terms before an agreement is formed. If an order is cancelled or altered, any costs incurred by MB Aurion will be passed on to the consumer, including a market loss fee where applicable. MB Aurion does not accept product returns.
Article 20: Insured shipping
20.1. Packages are insured up to the quoted amount on theorder upon signature at arrival. After the package has been signed for,liability transfers to the consumer.
Article 21: Shipping Times
21.1. The expected delivery timeframe is subject to changedue to unexpected delays such as weather, customs clearance, or otherunforeseen circumstances. Delays beyond the estimated delivery date do notqualify for refunds unless specified otherwise.
Article 22: Shipping Address
22.1. The consumer is responsible for providing the correctshipping address at the time of purchase. The user is not liable for packagesdelivered to incorrect addresses provided by the consumer.
22.2. If a package is returned due to an error in theshipping address, the consumer is responsible for the cost of re-shipment.
Article 23: Shipping Rates
23.1. Shipping rates may vary depending on the destination,size, weight, and nature of the goods. The applicable rate will be provided atthe time of purchase.
23.2. For international shipping, the consumer may beresponsible for customs duties, taxes, or fees.
Article 24: Damaged Goods
24.1. If goods are damaged in transit, the consumer mustcontact the user within 7 days of receiving the package, providing evidence ofdamage (e.g., photos). The user will determine the appropriate action, whichmay include replacement or refund.
Article 25: Lost Packages
25.1. If a package is lost in transit and confirmed as suchby the shipping carrier, the user will provide a replacement or refund asdeemed appropriate.
Article 26: Unclaimed Packages
26.1. If a package is unclaimed and returned to the user,the consumer is responsible for the cost of re-shipment. If the consumerchooses not to have the package re-shipped, the order will not be refunded.
Article 27: Package Tracking
27.1. Once the package has been shipped, the consumer will receive a tracking number via email to monitor the status and location of their package.
Article 28: Purchase of Gold from Consumers
28.1. MB Aurion may purchase gold from consumers who havepreviously purchased gold from the user and opted to store it in the securestorage facility described in Article 29. The gold must be submitted to MBAurion for inspection and valuation, either in person or via insured shipping,as agreed upon in the contract.
28.2. The user reserves the right to reject any goodsoffered for purchase if they are deemed inauthentic, damaged beyond acceptablestandards, or otherwise unsuitable, as determined at the user’s solediscretion. The consumer will be notified of the rejection and, if applicable,responsible for any return shipping costs.
28.3. Upon acceptance of the goods, payment will be made tothe consumer in EUR via bank transfer to a bank account specified by theconsumer. The payment amount will be based on the agreed valuation, whichreflects current market prices and is confirmed in writing before thetransaction is finalized.
28.4. Payments will be processed within 5 business days ofthe goods being accepted by MB Aurion, provided the consumer has supplied valid bank account details and any required identification documents as per Article 18.
28.5. Transactions involving the purchase of precious metals from consumers are subject to the anti-money laundering requirements outlined in Article 18. Consumers must provide the necessary identification documents for transactions of €15,000 or larger, or cumulative transactions reaching this amount.
28.6. The consumer guarantees that the goods offered forsale are their lawful property, free from any liens, encumbrances, orthird-party claims. The consumer indemnifies MB Aurion against any claimsarising from disputes over ownership or authenticity of the goods.
Article 29: Safe Storage Service
29.1. MB Aurion offers consumers who purchase gold from theuser the option to store their gold in a secure storage facility operated bythird-party service providers with the highest 24/7 security standards. Thisservice is optional and available only for gold purchased directly from MB Aurion.
29.2. The fees for the storage service will be specified inthe order at the time of purchase. Storage fees are payable in cryptocurrencies within the period specified in the order, and payment must be made in advancefor the specified storage period.
29.3. The gold stored in the facility remains the property of the consumer, subject to the retention of title provisions in Article 8until all payment obligations to MB Aurion are met. MB Aurion will ensure the gold is stored in a segregated manner, identifiable as belonging to the consumer.
29.4. The stored gold is insured against risks such as theft, fire, or other damage through insurance arranged by the third-partyservice provider. Details of the insurance coverage will be provided to the consumer upon request. The user’s liability for loss or damage to stored goldis limited to the insured amount, and MB Aurion shall not be liable for losses caused by force majeure events as defined in Article 16.
29.5. Consumers may request retrieval or transfer of their stored gold by providing written notice to MB Aurion, subject to a minimum notice period of 5 business days. Retrieval may incur additional fees for handling and shipping, which will be communicated to the consumer in advance.
29.6. MB Aurion is not liable for any loss or damage to stored gold caused by the actions or omissions of the third-party service provider, except where such loss or damage results from MB Aurion’s failure to exercise due care in selecting or overseeing the third-party provider. The consumer acknowledges that the storage facility is operated by third parties, and MB Aurion acts as an intermediary for this service
By agreeing to these terms and conditions, the consumer acknowledges their understanding of and agreement with these policies.
