Returns Policy
There is no statutory right to return or cancel an order once placed under the Financial Services (Distance Marketing) Regulations 2004. The goods we supply are dependent on fluctuations in financial markets.
You can however request that we terminate an order you have placed in some circumstances – this is referred to in the terms and conditions as a request to use our termination service .
If you do choose to terminate an
order
prior to despatch/collection you will be charged for any fall in the underlying metal price for the goods from when the
order
was placed to when it was terminated, along with a termination fee.
From our full terms and conditions
12. RISK NOTICE We sell goods and buy metal , based on the global metal market’s prices, which are outside our control, and change frequently. The historical performance of our price, or the global metal market’s prices of goods and metal is not a reliable indicator of future prices.
13. CANCELLATION RIGHTS You have no statutory right to cancel the contract if you change your mind. This is because the prices of the goods and metal are subject to fluctuation: see the Risk Notice in clause 12, above.
Note: You can however choose to terminate your order at any time prior to delivery or collection of your item(s) under clause 14. This will incur additional charges including but not limited to, a termination fee and a fee based on any adverse movement in the underlying commodity price of your item(s) .
14. TERMINATION AND CHANGES
Change or withdrawal by you of your
order
or
offer
Once you have submitted your order or offer you cannot change or withdraw the
order
or
offer
unless we make any change under clause 7, above, and we ask you to confirm or withdraw your changed
order
or
offer
.
Termination of contract by you
You can terminate a particular
transaction
or
service
at any time and this will be treated as an
order
for our termination
service
, for which you will incur a fee. We will confirm to you in writing or verbally if and when we have accepted your order for termination. See clause 15, and the Sections of these terms and conditions that apply to the
services
you wish to terminate, for details of the process and any costs and charges that apply. Apart from that, you may not terminate the
contract
or any part of it except by giving us written notice after a
material breach by us
has occurred, or as permitted (if at all) by the Section of these terms and conditions that applies to the
transaction
or
service
.
Note:
If you wish to terminate due to a
material breach by us
, for the termination to be valid you must show us evidence of the breach if we ask (and if it is reasonable in all the circumstances for us to ask).
*Termination of contract by us
Before we terminate the contract we will always consider whether any
default or problem
could be remedied. If it can, we will try to contact you and work with you to try and remedy the breach. However, when a
default or problem
in our view cannot be remedied, or it is not remedied within reasonable time after we try to contact you about it, or as a result of uncontrollable factors as set out in clause 20, we reserve the right to terminate. In this case we may terminate the
contract
or a particular
transaction
or
service
by giving you written notice, or as permitted (if at all) by a Section that applies. We can also terminate (or treat as being terminated) the
contract
or a particular
transaction
or
service
, if we are released from our obligations under the
contract
or in relation to the particular
transaction
or
service
.
*Changes to your details
If you are an
account user
and there is any change to the details that we required you to provide for us to set you up as an
account user
, you must notify us of the changes immediately. The same applies if you lose your account card that we issue to account users. After notifying us you will have to deliver to us the account card (or written confirmation that you have lost it) and any further ID as requested, at your cost. If you do not do so we may exercise any of our “Suspension, refusal, blocking” rights, as at clause 16 below, and may be entitled to terminate pending transactions or
services
or the
contract
. We may at our absolute discretion treat it as a
default or problem
.
If you are not an
account user
and there is any difference between the details we hold for you from an earlier or completed
order
or
offer
and the details you supply for a new order or offer, we may require you to provide full and fresh
ID
for us to verify in full as part of the
preconditions
of the new
contract
.
*15. CONSEQUENCES OF TERMINATION OR REMEDIES
If you or we terminate the
contract
or any part of it, either by valid notice or mutual agreement, all of the following consequences will apply to the
contract
or the part of it that is terminated:
(1) You will be liable for any adverse movement in the underlying metal price based on the difference in the global market spot price from when your
order
was placed and when the termination is accepted by us, multiplied by the precious metal content of your
item(s)
.
(2) A termination fee will be incurred.
(3) You may have to provide
payment
for additional services such as delivery of
goods
to you.
(4) All sums payable to us in respect of the period up to and including the date of termination will fall immediately due and payable. This includes sums referred to in paragraph (1) immediately above, and fees and charges for any
default or problem
. You must pay those sums to us immediately.
(5) Our obligations under or in connection with the
contract
will cease to apply, and we will no longer meet those obligations. This includes any obligation to complete
transactions
and/or to provide
services
which are terminated.
We do not breach the
contract
or any other obligation to you, or become liable to you, purely by virtue of terminating the
contract
or any part of it (provided we do so validly), and the same applies if you terminate validly. We also do not breach the
contract
or any obligation to you, or become liable to you, by virtue of exercising our remedies (provided we do so properly).
Termination or exercise of our remedies will not affect your or our accrued rights and remedies. Provisions in these terms and conditions which expressly or by implication have effect after termination will continue in full force and effect.
16. OUR REMEDIES
We will act reasonably and proportionally when exercising our remedies. We may exercise the remedies set out below.
*Reliance on your order
We are entitled to rely on your
order
as being complete and accurate. It is your responsibility to ensure that the
order
is complete and accurate. Whilst we will carry out
ID
verification and check that your
order
contains the information we need, we read your
order
for our own purposes and may not pick up errors or omissions. You cannot rely on us to detect your errors or omissions. If we have to deal with errors or omissions it may be a
default or problem
.
*Special fees and charges
If there is a
default or problem
we may charge you fees and charges in accordance with our
tariff
.
*Additional information
You must provide additional information if we ask for it and our request is reasonable. If you fail to provide such information when asked it will constitute a
material breach by you
. It will always be reasonable for us to ask for information relating to the
preconditions
.
*Your death or incapacity
If you die or cease to have mental capacity your personal representatives (following your death) or Deputy of the Court of Protection (in the event of your incapacity) must inform us as soon as possible of their appointment by submitting an
order
for our trustee
service
.
*Voluntary trusts
This applies if we provide our storage
service
for you.
Your goods
stored by us may be held on trust. You may hold them on trust for someone else, or you may choose to place them in trust where someone else is the trustee. In either case you must inform us by submitting an
order
for our trustee
service
. We will keep a record of the trust arrangement.
Trustee service
To use our trustee
service
, Clause 4 will apply. We will treat your verified personal representative(s), Deputy or trustee(s) as being you for the purposes of the
contract
.
*Suspension, refusal, blocking
We have the following rights under the
contract
if there is a
default or problem
or a
material breach by you
, or if any
insolvency
on your part occurs, or if we have reasonable grounds to suspect any of the foregoing. We may choose to exercise these rights in addition to any right of termination we may have, or as an alternative. We will tell you that we are exercising our rights, and we may do this by email, phone or by formal written notice. Our rights are that we may:
- suspend processing of all or any part of your orders , offers , or transactions ; and/or
- suspend and/or stop you using all or any of the facilities which are available to you by virtue of you being an account user ; and/or
- suspend and/or stop provision of all or any services ; and/or
- refuse to receive orders or offers or payments from you, and/or to provide or operate user accounts and/or associated direct debits for you; and/or
- cancel your user accounts and/or your status as an account user, and/or associated direct debits; and/or
- block your access to our website and/or helpline facilities.
*Insolvency in relation to you
If any
insolvency
on your part occurs before you become the legal owner of the
item(s)
(or we have reasonable grounds to believe such
insolvency
is about to happen) then, without limiting any of our other rights or remedies under the
contract
or at law: (1) we will not be obliged to complete any storage
service
or any collection or delivery
service
that you have requested, and (2) we may take the
item(s)
back and you must give them back immediately if we ask, and (3) if necessary we may enter any premises which you own or control, to get the
item(s)
. If we take the
item(s)
back we will either not process the payment from you, or will reimburse it to you.
*Indemnity against tax
You must indemnify us on request against all or any direct or indirect taxes, duties, levies or similar payable by you in any jurisdiction in relation to any
contract
, including for supply of
goods
or
services
. This means that if we are asked to make any such payment for you, you must reimburse us.
*Our right to withhold your property
We can hold on to any
item(s)
that belong to you or that you
order
, if you owe us any
payment
or other sum. If you ask us for our collection or delivery
service
we will not be obliged to provide any of those
services
until you have paid the outstanding sums as well as the price for the
order
for the
service(s)
.
*Set off
We may at any time set off any sum of money you owe to us against any sum of money that we owe to you, whether or not either liability arises under the
contract
. If we exercise this right validly, it will constitute a
default or problem
and you will have to pay our
tariff
. We may only exercise this right if we have asked you in writing for
payment
at least 5
working days
previously and we have not received it. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the
contract
or at law.
*Set off against item(s)
We have this right if we provide our storage
service
for you. If we are entitled to exercise our right of set off, above, and we owe you no money or less than the amount you owe to us, we may exercise our right of set off against
item(s)
. This means we will deduct from
your goods
that we store for you or which we hold ready for collection or delivery some
item(s)
up to the value of the money you owe us. We are unable to cut
your goods
, so if fractions are left over after we have exercised this right we will pay you the value of the fractions left over. We will exercise this right based on the value of your
item(s)
which we exercise the right against, as at the time when we exercise this right.
If we exercise this right validly, it will constitute a
default or problem
and you will have to pay our
tariff
. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the
contract
or at law.
*Excessive outstanding charges and tariff
We have this right if we provide our storage
service
for you. If we do not receive
payment
for our
charges
and/or the
tariff
, and the total of the outstanding sums ever exceeds the value of the
goods
we hold for you as part of our storage
service
, we may cancel your
user account
and your status as an
account user
.
If we exercise this right validly, it will constitute a
default or problem
and you will have to pay our
tariff
. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the
contract
or at law. For example, in these circumstances we are likely to exercise our rights of set off, above.
*Exclusion of certain statutory rights
The terms implied into contracts by Sections 13 to 15 (inclusive) of the Sale of Goods Act 1979 and by Sections 3 to 5 (inclusive) of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the
contract
.
*Unclaimed funds
If we are unable to contact you at any time we will try several times, over a reasonable period of time. We may also carry out searches to find alternative ways of contacting you, although we will try to avoid doing this as it will constitute a
default or problem
. If we are still unable to contact you within a reasonable period of time we may cash in your
item(s)
and, after settling our fees, charges and costs, pay the remaining sums to a charity of our choice.
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