General Terms and Conditions of ATH INVEST d.o.o.

1. General Provisions

1.1. Introduction

These General Terms and Conditions ("Terms") govern the sale and purchase of investment gold bars, and coins ("Products") between ATH INVEST d.o.o., located at Dunajska cesta 106, 1000 Ljubljana, Slovenia, registration number: 9760784000 ("Seller"), and any individual or entity ("Buyer") engaging in transactions either through the Seller's online platform at www.crypto2gold.eu ("Website") or in person at the Seller's business premises. These Terms are drafted in accordance with the Consumer Protection Act (ZVPot-1), the Personal Data Protection Act (ZVOP-2), and the General Data Protection Regulation (GDPR).

1.2. Business Model and Structure

ATH INVEST d.o.o. operates an online investment gold trading platform that caters to customers in the European Union while ensuring compliance with stringent KYC (Know Your Customer) and AML (Anti-Money Laundering) regulations. The company is officially registered in the Register of Virtual Currency Service Providers under the Ministry of Finance of Slovenia via the Office for Money Laundering Prevention of the Republic of Slovenia. The business model is structured to ensure full compliance with legal and regulatory requirements while offering a seamless and secure transaction experience. The company sources investment gold from reputable suppliers offering Good Delivery Standard.

All transactions on the platform are processed in Euros (EUR) regardless of the payment method chosen by the customer. The platform accepts payment via credit/debit cards (Stripe) and cryptocurrencies (Crypto.com, Triple-A), but the company never directly holds or processes cryptocurrency payments, as all crypto transactions are converted into EUR before settlement. All payment partners are licensed and maintain the highest industry standards.

How It Works: The Website allows users to view product prices, available products, and relevant policies without registration. To proceed with a purchase, a user must add products to the shopping cart and register an account. During registration, users undergo a comprehensive identity verification process, which includes submitting a valid government-issued identification document. The verification process ensures identity authentication, biometric verification, and proof-of-life checks, facilitated through Stripe Identity.

Additionally, users must provide information about the purpose of the transaction, the source of funds, and employment details. Politically exposed persons (PEPs) must declare their status and undergo additional screening and verification via online forms. This ensures a thorough KYC and AML compliance process for every customer.

Once the verification process is completed successfully, the user gains access to the final purchase step, where they can choose between local pickup or secure vault storage and select the preferred payment method. Before dispatching or releasing the product, the customer data undergoes another internal verification check, and the company proceeds in accordance with its internal compliance policies.

1.3. Definitions

For the purposes of these Terms:
  • "Seller" refers to ATH INVEST d.o.o.
  • "Website" refers to www.crypto2gold.eu.
  • "User" refers to any visitor to the Website.
  • "Customer" refers to any individual or entity intending to purchase Products from the Seller.
  • "Buyer" refers to a Customer whose order has been confirmed by the Seller.
  • "Order" refers to the Seller's document confirming the Customer's intent to purchase specific Products at specified prices.
  • "LBMA" refers to the London Bullion Market Association.
  • "Price List" refers to the Seller's current pricing for Products, based on LBMA market prices.

2. Subject of Purchase

2.1. Products

The Products available for purchase include:
  • Gold Bars: With a purity of at least 995/1000 and weights standardised by precious metals markets.
  • Gold Coins: Meeting the following criteria:
      • Purity of at least 900/1000.
      • Minted post-1800.
      • Recognised as legal tender in their country of origin.
      • Sold at prices not exceeding 80% of the gold's market value.

3. Pricing

3.1. Price Determination

Product prices are influenced by market fluctuations beyond the Seller's control, primarily based on LBMA prices. The Seller's Price List is updated every five minutes to reflect these changes and is accessible on the Website www.crypto2gold.eu/pricing.

3.2. Currency and Taxation

All prices are quoted in euros (€). Investment gold in the form of bars and coins is exempt from VAT under Articles 118 and 119 of the VAT Act (ZDDV-1).

4. Contract Conclusion

4.1. Order Placement

An Order is considered confirmed when the Customer pays the specified amount within three hours of placing the Order, but no later than 4:30 PM on the same business day. After this period, the Seller's offer is no longer valid and does not bind the Seller. Failure to do so may result in cancellation.

4.2. Contract Formation

The sales contract is deemed concluded upon the Seller's receipt of payment, at which point the Buyer agrees to these Terms.

5. Payment Methods

5.1. Accepted Payments

The Seller accepts the following payment methods:
  • Credit/Debit Cards: Processed securely through Stripe.
  • Cryptocurrencies: Bitcoin (BTC), Ethereum (ETH), USDC, and other approved cryptocurrencies, processed through licensed intermediaries such as Crypto.com and Triple-A, with all cryptocurrency payments settled/converted into euros (€).

5.2. Currency Handling

Regardless of the payment method, all transactions are processed in euros (€).

6. User Registration and Verification

6.1. Registration Requirements

To purchase Products, Users must first:
  • Register an account by providing accurate personal information.
  • Complete identity verification in collaboration with Stripe Identity service, including document verification, biometrics, and watchlist checks.
  • Provide information regarding the transaction's purpose, source of funds, and employment details.
  • Disclose if they are a politically exposed person (PEP), subject to additional scrutiny if applicable.

7. Shipping and Delivery

7.1. Delivery Options

The Seller offers:
  • Local Pickup: Buyer is notified about pickup time and location via email or agreed via phone call or message sent to contact number provided during Order process.
  • Secure Vault Storage: Optional storage in the Seller's secure vaults, with details and fees provided during checkout.

8. Returns and Cancellations

8.1. Returns

Due to the nature of investment gold Products, returns are not accepted once stored at vaults or collected.

8.2. Cancellations

Customers should contact the Seller's customer service immediately to initiate cancellation, which is possible only before Seller orders Buyer’s Products at any of their Suppliers.

9. Customer Responsibilities and Legal Considerations

9.1. Liability for Material Defects

The Seller is responsible for ensuring that the delivered Products comply with the specifications outlined in the Order. Any material defects must be reported within the statutory time limits as defined in the Slovenian Consumer Protection Act (ZVPot-1). The Buyer must submit a written claim with supporting evidence.

The Seller is not liable for any losses or damages arising from the use or inability to use the Website or services, to the maximum extent permitted by law.

9.2. Limitation of Liability

The Seller strives to ensure continuous availability of the Website and services but does not guarantee uninterrupted access. The Seller is not responsible for any indirect or consequential damages resulting from the use of the Website, delays in transaction processing, or fluctuations in market prices of gold. The Buyer acknowledges that investments in precious metals carry inherent risks related to price volatility.

9.3. Exclusion of the Right of Withdrawal

In accordance with Article 43.č of the Consumer Protection Act (ZVPot-1), the Buyer does not have the right to withdraw from a concluded purchase due to the nature of the Products as financial instruments subject to market fluctuations.

10. Anti-Money Laundering (AML) and Know Your Customer (KYC) Compliance

10.1. Compliance Measures

The Seller complies with all applicable AML and KYC regulations, including:
  • Conducting thorough customer due diligence for every transaction.
  • Monitoring transactions for suspicious activity.
  • Reporting any suspicious transactions to relevant authorities.

11. Final provisions

The laws of the Republic of Slovenia govern the relationship, rights, and obligations between the Buyer and the Seller. The Buyer and the Seller will attempt to resolve any disputes amicably. If an amicable resolution is not possible, the competent court in the Republic of Slovenia shall have exclusive jurisdiction, applying Slovenian law. The official language for concluding sales contracts is Slovenian.