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
prior to despatch/collection you will be charged for any fall in the underlying metal price for the goods from when the
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
and there is any change to the details that we required you to provide for us to set you up as an
, 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
. 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
on your part occurs before you become the legal owner of the
(or we have reasonable grounds to believe such
is about to happen) then, without limiting any of our other rights or remedies under the
or at law: (1) we will not be obliged to complete any storage
or any collection or delivery
that you have requested, and (2) we may take the
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
. If we take the
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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