Terms & Conditions
Table of Contents
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Are you a business customer or a consumer? In some circumstances you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
- If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
- Who we are. We are Gerrards (Precious Metals) Ltd incorporated and registered in England and Wales. Our company registration number is 01528315 and our registered office is at 63/66 Hatton Garden, London EC1N 8LE (“Hatton Garden Premises”). Our registered VAT number is 354 3405 70.
- How to contact us. You can contact us by telephoning our customer service team on +44(0) 207 242 6521 from Monday to Friday 9.30am to 16.30pm or by writing to us at email@example.com and 63/66 Hatton Garden, London EC1N 8LE.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order, or your account registration (whichever is most recent).
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- This contract is only available in English. No other languages will apply to this contract.
- How we will accept your order. Orders can be placed via our website or by calling our customer services on 020 7242 6521 or by email. Once you have placed an order to purchase a product from our website you will receive an email acknowledging your order. This email is not acceptance of your order. Our acceptance of your order will take place when we email you to confirm that we accept it, at which point a contract will come into existence between you and us. We will not accept your order until we have received and completed all identification and other requirements, and, in the case of products which are goods, we have received payment for the goods purchased.
- Amendments to your order. Please read and check your order carefully before submitting it. You must ensure that the details you provide are complete and accurate.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this, using the contact details you have provided, and will not charge you for the product. This might be because the product is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or for some other reason.
- Alternative goods. If the products are unavailable in the case of goods, you have the option to either (i) wait until the products are in stock or (ii) cancel your order, or (iii) we may offer to substitute them with alternative goods of equal or better standard and value. In the case of substitution, we will inform you if we intend to do so but this may not always be possible. You can refuse to accept such substitutes in which case we will offer you a refund or a replacement and let you know how long this offer remains open for.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
- Order pre-conditions
- You must be at least eighteen (18) years old to use the online service, place orders and to receive the products.
- You must provide us with the personal details requested in order to complete our registration procedure and process your order.
- You must ensure that the personal details provided are complete and accurate.
- You must inform us immediately of any changes to the information that you have provided by contacting us.
- You must provide photographic identification (a valid passport or driving licence) and a utility bill not more than 3 months old. We must be able to verify your identity.
- You must be the duly authorised card holder of the debit/credit card used during the transaction.
- To use our storage service, you must have an account in our website and you must keep your account open on our website until our storage service is completed. If you cease to have your account in our website for any reason, we reserve the right to end the storage service we provide for you.
- You acknowledge we will not be held liable for any taxes, duties or levies generated as a result of you entering into a contract with us either now or in the future. It is a condition of the contract that if you need tax advice either now or in the future you must rely on your own tax/accounting adviser.
- Products which are goods may vary slightly from their pictures. The images on our website are for illustrative purposes only.
- Product packaging may vary. The packaging of goods may vary from that shown in images on our website.
- The value of precious metals fluctuates. This will affect prices of products as explained in these terms. Please note that fluctuating prices may also affect payments made to you related to the value of precious metals, such as refunds and sale of goods from storage.
- Our goods comprise precious metals and should be considered as a long-term investment asset over at least 3 years. Our service and the content on our website does not aim to provide investment or financial advice. We do not make any representation regarding the ability to obtain profit or otherwise from purchasing our goods. The goods sold on this website are not covered by the Financial Services Compensation Scheme (FSCS).
- We offer storage services in the form of allocated storage in a secure vault. Allocated storage means that your goods will be stored separately, identifiable, and will be completely segregated from those of other customers. All our stored metals are fully allocated, meaning they are not leveraged, so what you buy is what is being stored for you.
- You will be responsible for the costs of storage. If you choose this option you must specify which items you would like us to store in the vault.
- We will provide storage services by arranging storage of your goods with either our subcontractors or within our own facility. For immediate storage of goods purchased from us online, our storage service includes delivery to the storage facility. If we accept goods for storage which have not been purchased from us or have been “out of our control”, they must be delivered to our Hatton Garden Premises. Please contact us first to make arrangements for us to receive your goods for storage.
- The minimum period of storage is 1 month.
- Storage for goods which have not been purchased from us or have been “out of our control”, will be accepted for our storage service only at our discretion. If accepted, such goods will be stored on an “as-is” or “said-to-contain” basis. We may require additional information or terms to accept such goods. We cannot be responsible for their authenticity or assay characteristics.
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- to reflect minor changes in stock availability or service terms. These changes will not materially affect the product.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make more significant changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. Please also see below regarding changes in the price of goods.
- Our storage facilities may change from time to time. For example, we may decide to move your goods from our own facilities to a subcontractor; we may also choose to change the service or facilities for our business purposes, or to introduce new or improved features.
- We will never reduce the level of security that is afforded to the storage of your goods without notifying you before the changes come into effect, and giving you the opportunity to end the storage service if you do not like the changes.
- Delivery costs. All the purchase prices for goods displayed on our website include free and insured delivery in the United Kingdom. For delivery in some geographical areas, charges may vary. Please contact Customer Services on 020 7242 6521 for further information about our delivery charges.
- When we will provide the products.
- If the products are goods. If the products are goods we will deliver them to you the next day or as soon as reasonably possible and in any event within 14 days after the day on which we accept your order to the address indicated in your order. If we cannot deliver your goods within 14 days we will let you know so you have the option to cancel your order and we will refund you.
- If the products are ongoing. We will supply the storage services to you until either the services are completed or you end the contract as described in clause 8 or we end the contract as described in clause 10.
(a) If you choose the storage service for goods purchased from us, it will start immediately and we will place your goods into storage immediately after you have bought them from us.
(b) We will choose the locations and subcontractors for our storage service. You have no right to change the location of the vault where goods we hold for you are stored unless we offer this as a service. For safety and security, and as required by our subcontractors, your goods can be moved into and out of our storage services only by prior arrangement with us.
(c) When our storage service ends, if you do not arrange for delivery or collection of your goods or to sell them within a reasonable time, we reserve the right to sell your goods at the current market price and we will send any proceeds less our relevant charges to your payment account.
(d) Our storage service will be considered as completed when we have made stored goods available to you at our Hatton Garden Premises, or when we have been otherwise released from those obligations in accordance with these terms. We will provide you with a storage agreement when you request a storage service, which will detail your legal ownership. This may be required if you request the release of your stored goods at any point in the future, and is proof of your entitlement to the stored goods.
(e) You can end your storage service partly or completely and request release of your goods from storage at any time after the start of the storage service, subject to the following:
(i) We may charge you for costs of ending the storage service for your goods partly or completely (our storage termination service) as advised on the website. You must give us 14 days prior written notice if you wish to end the storage service. The price of our storage termination service may include our charges for providing our storage termination service and will include our charges for making the stored goods available to you at our Hatton Garden Premises (or as stated in the order).
(ii) You must specify which item(s) you wish to bring out of storage, and which of our collection or delivery services you require, either: (1) collection from our Hatton Garden premises by prior arrangement, (2) delivery to your address by our insured delivery service, or (3) purchase by us of your gold and silver metals.
(iii) Our requirements for identity verification must be met before we will provide the storage termination service.
(iv) The ending of the storage service will not take effect immediately, because it will take us time to provide the services that we must perform as a consequence of ending the service. The contract will end for the goods removed from storage when our storage termination service is complete.
(v) You must pay any taxes due prior to the return to you of goods from our storage service, which we will collect on your behalf and account for to HMRC.
(f) If you request your goods removed from storage to be delivered to you, by us this will be by separate and chargeable arrangement and we can provide a tracking number, so you can monitor the progress of your delivery.
(a) Delivery of the goods will only take place after the fulfilment of our requirements for identification and verification, and receipt in full of full payment.
(b) The delivery address must correspond with (i) the address provided when setting up your customer account, (ii) the address in the document which you have provided as proof of address, and (iii) the address linked to the payment method you have selected (such as the cardholder address in the case of online card payment or the address on the bank statement provided for payment by bank transfer). Under no circumstances can the goods be delivered to any other address. We do not deliver to P.O. Box addresses.
(c) Orders from businesses: Orders from £30,000 to £100,000 will be sent via G4S (or similar delivery service) to commercial addresses only.
(d) Orders from consumers: Orders up to £30,000 will be delivered via Royal Mail special delivery the next day (or similar delivery service). Orders over £30,000 will be delivered in instalments of multiple parcels up to £30,000 in value. The delivery service is restricted to a maximum parcel value of £30,000 per customer per day.
(e) In the case of orders over £30,000, we will need to receive confirmation of receipt of each parcel before we dispatch the next parcel.
(f) The goods will only be delivered to the address provided on the order. Also please note 7.2.1(b) above about the delivery address.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Any dates quoted for delivery are approximate only and the time of delivery will not be of the essence of the contract.
- Collection by you. If you have asked to collect products which are goods from our Hatton Garden Premises, you can collect them from us, by prior arrangement, at any time during our working hours of 9.30am to 16.30pm on weekdays (excluding public holidays).
- If you are not at home when the product or storage item is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. We are unable to accept any liability or claims of non-delivery once the package has been signed for or confirmed as delivered by our couriers to the delivery address. Please note this in particular if the delivery address is a location of multiple occupancy or a work address.
- If you do not re-arrange delivery. If you do not collect the products or storage items from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collection, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us. You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with. Please instruct the courier to return the package to us, and tell them the parcel has been tampered with.
- When you own goods. You own a product which is goods once we have received payment in full, and our identification requirements are completed to our satisfaction.
- What will happen if you do not give required information to us. We need certain information from you so that we can supply the products to you, as explained in these terms and on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
- To deal with any matters arising from any information or payment you have provided, or failed to provide;
- To deal with technical problems or make minor technical changes;
- To update the product to reflect changes in relevant laws and regulatory requirements;
- for other reasons as explained in these terms or on our website;
- due to circumstances of our sub-contractors, or delivery arrangements or circumstances beyond our control.
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than three months and we will refund any sums you have paid in advance in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 7) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.16. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.15).
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period for storage services, but this may be subject to deductions, or charges for services supplied and different conditions apply for certain products (e.g. precious metals) as explained below;
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. This may apply to storage services. However, your rights for goods are different under these terms as explained further below.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
- goods: due to the fluctuating nature of the precious metals market (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 28 (1) (a)).
- services, once these have been completed, even if the cancellation period is still running;
- any products which become mixed inseparably with other items after their delivery.
- How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
- Have you bought storage services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind including charges for our storage termination service.
- Have you bought goods? If so you have no right to cancel if you change your mind. The right to cancel does not apply to a contract for goods or services (other than supply of water, gas, electricity or public heating) for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the cancellation period. See also below regarding changes in the price.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on +44(0) 207 242 6521 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning purchased products after ending the contract. If you end the contract for any reason after purchased goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person or by special delivery courier to us at our Hatton Garden, Premises. Please call customer services on +44(0) 207 242 6521 or email us at email@example.com to arrange the return. If you are a business customer, please let us know if you wish to discuss collection arrangements.
- When we will pay the costs of return. We will pay the costs of return:
- if the purchased goods are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- We do not provide collection of returned goods purchased from us. Due to the nature of the purchased goods, we cannot arrange collection from private addresses. You must arrange return to our Hatton Garden Premises as explained above. You must make your own arrangements for return at your own risk, but please contact us as explained above for advice to arrange the return.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
- If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- In the case of goods which are commodities with fluctuating prices, such as precious metals, the refund will be the lesser of the price you paid (less any appropriate deductions) and the price according to the current gold and silver trading prices in the financial market.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- Where the product is a service, such as our storage services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. This cost may also include storage termination service charges.
- When your refund will be made. We will make any refunds due to you as soon as possible. If applicable, your refund will be made within 14 days of your telling us you have changed your mind; if the products are goods; any refund which is due will be made within 14 days from the day on which we safely receive the product back from you.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 or otherwise because of your breach, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product to you. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided. In the case of storage services we may need to stop the supply of these services immediately or at short notice due to circumstances outside our control.
- When your refund will be made. We will make any refunds due to you as soon as possible.
- If you do not arrange for delivery or collection of your goods or to sell them within a reasonable time before we stop supplying the storage services to you, then we have the right to sell your storage items at the then current market price and will send any proceeds less our relevant charges to your payment account.
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at or write to us at +44(0) 207 242 6521 and firstname.lastname@example.org and 63/66 Hatton Garden, London EC1N 8LE.
- Please notify us within 24 hours in case of the following problems (delay in notification may affect our ability to resolve the problem satisfactorily):
- the goods are not as described in your order – within 24 hours of receipt and examination of the goods;
- if there will be no-one available at your address to take delivery – at least 24 hours before expected delivery;
- non-receipt of your goods – within 24 hours after expected delivery.
- 12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 040506.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.2.
If your product is services, for example, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must contact us and arrange to either return them in person or arrange for them to be delivered properly insured to our Hatton Garden Premises. If required by your legal rights we will pay the reasonable costs of delivery. Please call customer services on +44(0) 207 242 6521 or email us at email@example.com to arrange return.
- If you are a business customer we warrant that on delivery any products which are goods shall:
- conform in all material respects with their description;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
- Subject to clause 13.3, if:
- you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost (by prior arrangement) (subject to reimbursement by you to us of our cost if the goods are not found to be defective); we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
- We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
- you make any further use of such product after giving a notice in accordance with clause 13.2.1;
- the defect arises because you failed to follow our oral or written instructions as to good trade practice;
- the defect arises as a result of us following any drawing, design or specification supplied by you or on your behalf;
- you alter or repair the product without our written consent; or
- the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions.
- Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
- These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
- Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order including the cost of delivering the goods. We use our best efforts to ensure that the price of the product advised to you is correct. However please see below re price fluctuations and clause 14.6 for what happens if we discover an error in the price of the product you order. Prices include VAT for silver products and storage services only and not gold investment products.
- Prices for storage services include delivery from our Hatton Garden Premises to our storage facility (as applicable). Carriage charges for the return of goods from storage to your account address are not included in our storage services and are chargeable in addition – please see below for further details.
- Price adjustment. Because of the volatile nature of the precious metal market, we reserve the right to adjust the price of your order for goods according to the current gold and silver trading price on the financial market.
- Price fluctuation for goods.
- We cannot guarantee the final price of your order until the funds have been received because of the gold and silver prices volatility. However:
(a) we will do our outmost to keep the initial price; and
(b) you will have the option to accept or decline the new adjusted price that we offer.
- Prices stated on our website are "live" and based on the trading price of gold and silver on the commodity market. Those prices fluctuate in real time according to the trading hours of the financial markets.
- You acknowledge that market rate for gold and silver fluctuate. As such, prices stated on the website may vary until the moment that you place an order.
- You acknowledge that the total amount of your order could be subject to change until you click on the button "Place Order" and agree to our terms & conditions at the final checkout page.
- If an order is placed outside of our trading time (Monday to Friday, 9.00am to 17.00pm pm), we reserve the right to adjust the price according the next market price. We will notify you of the pricing difference that you have to pay (if applicable) and you will have the right to cancel your order if you do not agree with this pricing difference.
- Until we have received the correct documentation we cannot confirm the price of your goods.
- Any offers for products at discounted prices or with additional loyalty rewards, detailed on the website, may be made available from time to time for you to order (subject to our acceptance) for a limited period of time as stated in that offer.
- Prices for services.
- We reserve the right to vary our prices for our storage service at any time and will give you 30 days notice of any changes.
- If you have selected the storage option for your goods in the checkout page, the price will include our charges for providing our vaulting service to securely deliver your goods into our storage facility.
- Storage fees include:
(a) a minimum charge of £10.00
(b) a fee of 0.03% of the value of goods stored (paid monthly) on gold
(c) an fee of 0.1% of the value of goods stored (paid monthly) on Silver
- If you wish your goods to be delivered on termination of storage services, delivery charges will be payable in addition at the rate of £25 per delivery, plus the following charges:
(a) Gold: 0.25% for the value of goods delivered, with a maximum value per parcel of £30,000.
(b) Silver: 1.5% for the value of goods delivered, with a maximum weight per parcel of 5kg.
Deliveries may be made in instalments as appropriate to the maximum parcel weight or value.
- We cannot guarantee the final price of your order until the funds have been received because of the gold and silver prices volatility. However:
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment with Bank transfer, Visa, Visa Debit, MasterCard, Maestro and JCB. We do not accept American Express, Dinners Club and Business credit or debit cards as payment. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before we dispatch them. Our payment limit for credit and debit cards is set to £5,000 per transaction.
- All payments by debit card or credit card need to be authorised by the relevant card issue. We will also need to use security steps via the following:
verified by visa (https://www.visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html)
masterCard ®SecureCodeTM (https://www.mastercard.us/en-us/consumers/payment-technologies/securecode.html)
JCB - J/Secure (https://www.global.jcb/en/products/security/jsecure/index.html)
- We accept payment via Bank Transfer for any transaction size. There is no limit set.
- You must quote your order number as a reference in the description of your bank transfer.
- Payments by Bank Transfer must be made within the next 24 hours after placing your order.
- For payment via Bank Transfers, funds must be received before 3.00 p.m. during working hours on our working days to guarantee that your goods will be dispatched the same day.
- We reserve the right to cancel your order if the funds corresponding to your total order amount have not been received by the end of the next working day.
- If your payment is not received by us for any reason and you have already received the goods, you must pay for such goods within 24 hours of our notifying you that payment is outstanding.
- Payments must be sent from your bank account and not from a third party bank account.
- Proof must be provided that the bank account is your own, such as a copy of your last bank account statement showing the name and address of the account holder, and the bank account number and sort code number (no information of transactions or balances or payees need be visible).
- Payment for our storage service must be made in arrears. You will be informed of your billing frequency when placing your order. Any changes to this will be notified to you no less than 30 days notice in advance of any payment being taken. Your first payment may cover a different period than the usual billing frequency.
- If a payment for our storage service is due on a date that is not a working day, the payment must be received by us on or before the last working day before the due date.
- You must notify us if you are unable to make the payment for our storage service and we will do our best to resolve it or arrange alternative payment frequency.
- Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the current statutory interest rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.1 and for defective products under the Consumer Protection Act 1987. To the extent that we are lawfully able to do, we exclude liability, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any special, incidental, punitive, indirect or consequential loss arising under or in connection with any contract between us.
- We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 16.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any special, incidental, punitive, indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to
(a) One hundred per cent (100%) of the total sums paid by you for products under such contract in the case of goods, and
(b) for storage services the current value of your goods that were lost, damaged or stolen. The current value will be based on the market value at the 3rd business day following notification of any loss, as expressed in USD($) and converted to Sterling based on the exchange rate on that day.
- The limitation of liability in clause 16.3.2(b) applies only whilst your goods are inside the premises where they are stored. When they are outside those premises they are subject to our collection or delivery service and therefore, collection and delivery terms apply to our liability.
- We may transfer these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing (our agreement will not be unreasonably withheld or delayed).
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.