Please read carefully these purchase terms and conditions of Tavex Gold Limited, Reg. No 11167367
- Information about us and how to contact us
- Our contact with you
- How we will use your personal information
- Our products
- Providing the products
- Your rights to end the contract
- Our rights to end the contract
- Your rights in respect of defective products if you are a consumer
- Your rights in respect of defective products if you are a business
- Price and payment
- Our responsibility for loss or damage suffered by you if you are a consumer
- Our responsibility for loss or damage suffered by you if you are a business
- Other important terms
- Intellectual property rights
- Concluding remarks
1.1. What these terms cover. These are the terms and conditions on which we supply products to you.
1.2. 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 using the contact details at clause 2.2.
1.3. Are you a business customer or a consumer? In some areas 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).
1.4. 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.
2.1. Who we are. We are Tavex Gold Limited, a company registered in England and Wales. Our company registration number is 11167367 and our registered office is at Southbank House; Black Prince Road; SE1 7SJ; London.
2.2. How to contact us. You can contact us by telephoning us at +44 (0)20 4541 4145 or by writing to us at firstname.lastname@example.org.
2.3. 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.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1. How to place an order. All orders placed on our website constitute an offer to buy at the given price. On placing an order, the customer will automatically receive an invoice with payment details and instructions on how to remit payment. Payment must be made within one hour of placing the order.
3.2. How we will accept your order. Our acceptance of your order will take place when we despatch the goods, at which point a contract will come into existence between you and us. Acceptance of your order is subject to stock availability. We reserve the right to reject any order at our discretion, even after you have transferred payment.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product, or refund you in full any sums already paid. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4. Cancellation. Once you have transferred the payment, it will not be possible for you to amend or cancel your order. This is due to the fluctuating nature of the precious metals market. Please see clause 8 for further details.
3.5. 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 or delivered to addresses outside the UK.
4.1. How we will use your personal information. By placing an order, you agree to provide us with personal information necessary to complete your order including evidence of your identity, your residential address and any other details reasonably necessary for the purposes of carrying out identification, fraud and anti-money laundering checks. Your data is protected in accordance with the General Data Protection Act 2018. Your data may be shared with third-party compliance providers to conduct checks for fraud and anti-money laundering. Your personal data is never shared or sold to third parties for any marketing activities.
4.2. Data collected and retained by us: Name, date of birth, email address, telephone number, postal address, your proof of ID document information including document number, type of document, issue date, expiry date, any additional data you may provide us for the purposes of preventing fraud and money laundering. A verification of identity is required from everybody that spends more than £1,000 with us annually. Additional data will be requested when more than £5,000 is spent with us annually.
5.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
6.1. Delivery costs. The costs of delivery will be as displayed to you on our website when you place your order, or told to you over the phone or in the course of email exchanges prior to placing your order.
6.2. When we will provide the products. We are usually able to dispatch products within 24 hours of receiving payment. If we are aware of any delay, or if the product is out of stock, we will contact you as soon as possible.
6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (including but not limited to: extraordinary conditions on the world market, fire, the elements of civil commotion, strikes or lock outs, industrial dispute, shortage of raw materials or fuel, the late receipt of your specification or other necessary information, acts, orders or regulations of the Government, delay on the part of any contractor or sub-contractor or supplier or carrier) 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.
6.4. If you are not at home when the product 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.
6.5. If you do not re-arrange delivery. If a failed delivery to you, you do not re-arrange delivery 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 8.2 will apply.
6.6. Your legal rights if we deliver the goods late. If you are a consumer, you have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods; or
(b) delivery within the delivery deadline was essential (taking into account all relevant circumstances) and you told us so at the time of the order.
6.7. When you become responsible for the goods. We fully insure all of our goods whilst they are in transit. A product will be your responsibility from the time we deliver the product to the address you gave us.
6.8. When you own goods. You own a product once we have received payment in full.
6.9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, information to verify your name and address for anti-money laundering purposes. If so, this will have been stated in the description of the products on our website or in our brochure, or told to you over the telephone or during the course of email exchanges. We will contact you in writing to ask for this information. 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 8.2 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.
7.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9 if you are a consumer and clause 10 if you are a business.
7.2. 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 (a) to (e) 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:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) 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 7 days.
7.3. 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. The goods we supply are exempt from the right to cancel as they are subject to fluctuations in the financial market. Once payment of the goods has been made, you will not be able to amend or cancel your order.
7.4. When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) 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 you must pay the costs of return.
7.5. 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.
7.6. When your refund will be made. We will make any refunds due to you as soon as possible and in any event within 7 days from the day on which we receive the product back from you.
8.1. 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:
(a) you do not make any payment to us when it is due;
(b) 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, for example, information to verify your name and address for anti-money laundering purposes; and
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 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.
9.1. 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.
|Summary of your key 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.citizensadvice.org.uk or call 03454 04 05 06.
If your product is goods, for example a gold bar or coins, 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.
9.2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or allow us to collect them from you. We will pay the costs of postage or collection including insurance. Please call or write to customer services using the details at clause 2.2 for a return label or to arrange collection.
10.1. If you are a business customer we warrant that on delivery any goods shall:
(a) conform in all material respects with their description; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
10.2. Subject to clause 10.3, if:
(a) 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 10.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
10.3. We will not be liable for a product’s failure to comply with the warranty in clause 10.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 10.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
10.4. Except as provided in this clause 10, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 10.1.
10.5. These terms shall apply to any repaired or replacement products supplied by us under clause 10.2.
11.1. 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. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2. 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.
11.3. 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4. When you must pay and how you must pay. We accept payment with Bank transfers and VISA and MasterCard Debit and Credit cards. You must pay for the products within one hour of placing an order. We will not dispatch goods until we have received the payment.
11.5. 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 using the details set out in clause 2.2.
11.6. 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).
11.7 The client, the payer and the recipient must be the same person.
12.1. 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.
12.2. 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 9.1; and for defective products under the Consumer Protection Act 1987
12.3. We are not liable for business losses. If you are a consumer we only supply the products 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 13.
13.1. Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) 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
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2. Except to the extent expressly stated in clause 10.1 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.
13.3. Subject to clause 13.1:
(a) 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 indirect or consequential loss arising under or in connection with any contract between us; and
(b) 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 the total sums paid by you for products under such contract.
14.1. We may transfer this Agreement 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 2 working days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2. 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.
14.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. 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.
14.5. 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.
14.6. 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.
14.7. 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 Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
15.1. All logos, texts, images and software that appear on this website belong to Tavex Gold Limited and Tavex Group. This material is considered an intellectual property right. Any use of the logos, texts, images and software that appear on this website is allowed only by the authorization of Tavex Gold Limited. Tavex Gold Limited will take all possible steps to protect and enforce its intellectual property rights.
16.1. The Seller has the right to change the terms of purchase without notice. The Terms are effective as soon as they are available on the E-store website www.tavexbullion.co.uk
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