1.1 The following definitions apply within our general terms and conditions
Purchase Order: An Instruction to purchase precious metals from Us.
Contract: On completion of a purchase order a Contract is created whereby all terms and conditions are deemed as understood and agreed to.
Products: precious metals as described on the front page of the two page Purchase Order
Purchase Price: price payable by you (up to the Investment Amount as detailed on the front page of the Purchase Order for the Products (inclusive of the bid/ask spread and packaging costs as detailed on the Purchase Order)
Buy Back Guarantee: A guarantee by Us to buy back your Products
Storage: Precious metals stored on a fully allocated and segregated basis with full insurance provided subject to relevant and appropriate charges.
Us, we, our: The Pure Gold Company.
The customer under the contract is you. The supplier under the contract is The Pure Gold Group Ltd trading as The Pure Gold Company. Registered Address: Finsgate, 5-7 Cranwood Street, London ECV1 9EE. Trading Address: 1 Royal Exchange, London, EC3V 3DG. We are a company limited by shares, registered in England with number 07953325, VAT number 169723864, and Data Protection Register number ZA143964
3. OUR OBLIGATIONS
We are obligated to deliver Products to you or Storage (if required) that have been paid for and described on the Purchase Order as soon as reasonably possible but no later than 7 working days unless explicitly agreed between Us. Our obligations are only applicable when we receive cleared funds for Products and valid Anti-Money Laundering documentation as set out on the front page of the purchase order. If specific prices are agreed, those prices can only be upheld if we receive cleared funds on the same day that the Purchase Order is signed and received by us.
4. INVESTMENT ADVICE
We are not authorised by the Financial Conduct Authority and cannot give advice comparing precious metals with regulated investments. We also cannot provide advice on any potential tax implications of you entering into the contract with us. It is a condition of the contract that if you need investment or tax advice in relation to Products or metal, you must rely on your own financial, tax and/ or accounting advisers
A) Delivery of Products will be delivered by a courier of our choice to the delivery address as stated in the Purchase Order
B) Ownership of the Products shall pass to you on Delivery provided we have received the full value
C) Delivery of Products shall be at your own cost unless explicitly stated and agreed by Us. We will use reasonable endeavours to arrange for Delivery of Products to yourself at the address reflected on the Purchase Order or to our Storage Facility within 14 working days of us receiving the Purchase Price in cleared funds.
D) We may deliver in separate instalments
E) We shall not be liable for any loss suffered by you caused directly or indirectly by any delay in the delivery of the Products, nor shall any delay entitle you to terminate or rescind this Contract unless such delay exceeds 28 days
6. STORAGE SERVICES
A) You can choose to place Products into allocated and segregated Storage which we will arrange on your behalf.
B) Storage will be charged depending on the Products purchased and as illustrated in the Storage Agreement between the Parties.
C) Conditions for Storage are contained in the Storage Agreement and shall form part of this Contract
A) The Product is at your own risk once signed for as Delivered
B) Ownership shall not pass to you unless to you until such time as we have received in full the Purchase Price in respect of those Product
A) We warrant that (subject to other provisions of this Contract) the Products shall conform to their description as reflected on the Statement of Account
B) We shall not be liable for a breach of the warranty in clause 8.1 unless delivery of the Products takes place at our offices and at time of delivery (and in our presence ) the Products are shown by a competent authority to be counterfeit or not to conform to their description
C) Subject to clause 8B, if any of the Products do not conform with the warranty in clause 8A we shall at our option replace such Products (or the defective part of those Products) or refund the Purchase Price at the pro rata rate provided that, you shall, at our expense, return the Products or the part of Products which does not conform with the warranty given in clause 8A to us
D) If we comply with clause 8C we shall have no further liability for a breach of the warranty in clause 8A in respect of such Products
9. BUY BACK GUARANTEE
A) Upon completion of a metal sale form we are obligated to purchase your metals back from you. We do not guarantee the rate or price that we buy back at.
A) Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent misrepresentation
B) Subject to clause 8.1 our total liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with this Contract shall be limited to the Purchase Price.
A) You have no statutory right to cancel the contract or return your Products if you change your mind. This is because the prices of the Products and Services we supply are dependent on fluctuations in financial markets.
A) You may terminate your order at any time prior to dispatch by calling our office or by e-mailing us. A termination fee of 10% of the Purchase Price is applicable plus a charge based on any adverse movement in the underlying metal price.
A) If any provision of this Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly unenforceable or unreasonable it shall to the extent of such unenforceability or unreasonableness be deemed severable and the remaining provisions of this Contract shall continue in full force and effect.
B) Any waiver by us under this Contract regarding your breach of, or default under, any provision of this Contract shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Contract.
C) This Contract shall not be enforceable by any person not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.
D) The formation, existence, construction, performance, validity and all aspects of this Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
14.1 All communications between the parties about this Contract shall be in writing and delivered by hand or sent by pre-paid first class post:
(A) (in case of communications to us) to our registered office or such address as we may notify to you from time to time; or
(B) (in the case of the communications to you) your address as set out on the front page hereto or such other address you may notify to us from time to time.
14.2 Communications shall be deemed to have been received:
(A) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(B) if delivered by hand, on the day of delivery.
14.3 Communications addressed to us shall be marked for the attention of Joshua Saul