Terms & Conditions
Please read the following Terms and Conditions carefully. If you do not wish to be bound by these Terms and Conditions please do not access the website or register an account.
Terms & Conditions
Part A: General Use of This Website
These are the terms and conditions under which you ("you/your") may use our ("we/us/our") website (the "Website") and purchase and sell products ("Products") from us. We advise you to read these terms and conditions carefully and to print out and keep a copy of them. If you select not to be bound by these Terms and Conditions please do not access the Website or register an account with www.goldmadesimple.com.
All content on this Website is protected by copyright. You may view Website pages on screen and may print or download extracts of them for your own personal use. No part of this Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent.
We will use our reasonable endeavours to provide you with a prompt and continuing service. For the avoidance of doubt, however, we do not warrant that the service provided at www.goldmadesimple.com will continue uninterrupted or without delay or that it will remain unchanged. In particular we reserve the right to bring the Website down as and when necessary for the purposes of maintenance.
The Website, together with all the information and materials contained on it (including but not limited to all graphics, links, text or other items) is provided on an "as is" and "as available" basis. We will use reasonable endeavours to ensure that the information set out on the Website is correct and reliable, however we give no warranty (whether express or implied) with regard to the accuracy or completeness of such information.
The Website may, from time to time, contain hypertext links to websites owned, operated and controlled by third parties. We have no control over or proprietary interest in any such websites and, as such, we make no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and exclude any and all liability arising from use of the same.
In addition, the Website may, from time to time, contain content and services ("External Services") owned, operated, controlled or provided by third party service providers ("External Service Providers") and not by us. Where appropriate the provision of any External Services to you by any External Service Provider shall be on the terms and conditions of the relevant External Service Provider. Please note that it is your responsibility to familiarise yourself with such terms and conditions. We exclude any and all liability arising from the provision of any External Services to you by any External Service Provider and your only remedy for failure to provide such External Services is against the relevant External Service Provider.
For the avoidance of any doubt, neither we nor any of our affiliates, employees, subsidiaries or holding company shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website, any transaction made on or via the Website or with the use of the information contained on the Website, for any reason whatsoever, including without limitation the use or inability to use the Website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income. This exclusion of liability is applicable even if we, our affiliates, our employees, our subsidiaries or our holding company have been advised of the possibility of such damages, losses or expenses. For the avoidance of any doubt, we do not limit or exclude our liability for death or personal injury arising as a result of our negligence or the negligence of our employees, nor for any fraudulent act or statement.
We are not bound by any duty or obligation of confidentiality to you in respect of any information submitted by you via the Website. All information submitted to us via this Website by you shall be deemed to be and shall remain our property.
Your use of the Website is subject to your acknowledgement that www.goldmadesimple.com is not a bank and it is not in any way subject to banking regulations.
Part B: Transactions With www.goldmadesimple.com
1. Terms defined in Part A shall have the same meaning in this Part B. Further, other terms in the Definitions section of this Part B (at the end hereof) shall have the meanings assigned to them therein. The term Account holder shall be synonymous with User.
2. To place any order/sale request with us please follow the steps set out on the Website. Please note that we will only purchase from you Products which we have previously sold to you and such purchase shall be subject to the Product being in perfect condition (and in any event in no lesser or worse condition than when we originally sold it to you) when subsequently received by us.
3. The Website allows you to: (a) open or close an Account; (b) purchase Products; (c) sell Products back to Us; (d) notify us of your intention to send funds, which upon receipt by us shall be placed in nominated customer funds account at our discretion and at a bank of our choosing; (e) instruct us to remit funds from your Account to your bank account; (f) access the electronic records contained in your Account; (g) undertake administrative role over your Account; (h) securely communicate with us electronically via the Website’s Messaging Facility.
4. Your use of and carrying out of transactions via this Website is subject to your acknowledgement that the financial market is subject to volatility which may affect our ability to perform obligations to you hereunder as well as the fact that trading may be disrupted by various system failures experienced by us and/or caused by other third parties upon which we may, from time to time, rely.
5. The appearance of the Products on the Website is an invitation for you to make an offer to us to purchase Products by placing an order with us on the Website. In accordance with clause 7, below, the Product price will be the price prevalent at the relevant time of the sale/purchase of the Product being agreed.
6. For the avoidance of doubt, Account holders may only use their Accounts for the buying and selling of Products. Should we encounter any breach of this proviso by an Account holder, we may close such Account holder’s Account without further notice.
7. You acknowledge that we are entitled to make adjustments to orders/sales request in the event that metal and currency quotes received from our data source at the time of your placing a transaction are found to be incorrect or inaccurate. In the event of the foregoing circumstances taking place, we will advise you that an order/sales request requires an adjustment, at which point you may cancel the relevant transaction if you are unhappy with the corrected exchange rate.
8. We reserve the right to refuse any orders/sale requests placed by you and no contract will be concluded between you and us unless and until we accept your order/sale request. Acceptance of your order/sale request will be deemed complete and effectively communicated to you when a confirmation email is sent to you in which our acceptance of your order/sale request is set out (whether or not you, in fact, receive that email). Please also note that clicking the “Buy/Sell Gold” or any equivalent button on the website or any automated email sent to you acknowledging receipt of your order/sale request shall under no circumstances be construed as acceptance of your order/sale requests.
9. You acknowledge that we make no representation that access to the Website or Accounts shall be uninterrupted at all times. Whilst we will endeavour to ensure that the Website and Accounts are accessible at all times, we cannot and will not be held liable for any loss or damage, of whatever nature, caused as a result of the Website or an Account being inaccessible.
10. All instructions information and enquiries received from you shall be deemed to be in writing and signed by you.
11. From time to time we will send you e-mail messages to the e-mail address you have registered with us. You agree that you will only communicate with us via the secure Messaging Facility. You also agree to us sending secure communications to you in the same manner and each User shall do all things necessary according to each communication and make no attempt to circumvent the receipt of any message.
12. You will receive automatic message updates each time we deliver a message to your Account via the Website. A message posted in your Messaging Facility shall be deemed to be received the same day that it was posted. We will deliver an e-mail notice each time a message is posted to the Messaging Facility.
13. Should you experience any technical problems whilst accessing the Website or communicating with us via the secure Messaging Facility, please contact our Customer Service department.
14. The price for Products purchased can only be guaranteed after your payment has cleared with us. Further to our receipt of a firm quote from our suppliers, the transaction shall be progressed. You hereby acknowledge that there may be increases in the price of Products between the date on which the order request is placed with us and the quote being received from our suppliers. We, therefore, reserve the right not to process the relevant order in circumstances where the price difference makes such transaction commercially unviable for us. In such circumstances, we would quote a new price to you, allowing you the opportunity to accept the new quoted price or receive a refund in respect of monies paid to us in respect of the relevant order.
15. Where we agree to purchase Products from you, you must deliver the Product to us at your own risk. If the Product is not in perfect condition and/or pure and/or the correct weight when received it may be subject to testing, a remanufacture fee and/or outright rejection and we reserve the right to change the buy-back offer price. Any rejected Product will be notified to you and the Product held by us until your collection agent collects it from our premises. Any remanufacture fee will be agreed with you and where you decide not to sell the Product it will be stored until your collection agent collects it from our premises. For any Product we store, if no collection is made within 5 working days we reserve the right to charge our then current daily storage fee. Any remanufacture fee/testing will be agreed with you.
16. An instruction for payment received from you shall be processed by us as soon as reasonably possible following receipt of the instruction. A summary of all payments and instructions is maintained by us and recorded against a User's Account.
17. Save as may be otherwise stipulated herein, all payments made by us in accordance with your instructions, or any instruction communicated through the secure Message Facility from your Account, shall be irrevocable and irreversible.
18. Please note that payment for Products by debit or credit card can only be made for Product held in storage (charges apply). Bank transfer or funds in an existing www.goldmadesimple.com cash Account can be made for all purchases.
19. For the purposes of prompt order processing, you are required to set up a cash account by setting up a bank transfer to our bank account, quoting your unique www.goldmadesimple.com number/username. Details of our bank account are accessible here: www.goldmadesimple.com/default.aspx?appid=6812.
20. Following your purchase of Product you may elect to have the Product stored, subject to your having purchased the minimum quantity. We will arrange for the Product to be stored in the vaults of the supplier of the Product, independent vaults, or your own secure storage. Once full payment for the bullion has been received by us, full legal title to the bullion is transferred to you. We will manage the storage on your behalf as your agent and will not loan out the bullion, or otherwise infringe your rights to obtain physical possession of the bullion upon demand. Our 'storage only' products, such as 'gold grams' and 'silver grams' do not have a delivery option and can only be redeemed for currency. Storage is subject to the ongoing storage and insurance charges outlined on the Website. If you fail to pay the storage charges we reserve the right to sell all or part of the Product stored to cover the charge and to place any surplus proceeds in your Account.
21. Where you request delivery instead of storage of Products, our contractual obligations to you in respect of such delivery shall be deemed to be satisfied when we provide our supplier with details of your delivery address. WE ARE NOT RESPONSIBLE FOR DELIVERY OF THE PRODUCT. Any contract for delivery is between you and our supplier, where you wish our supplier to deliver direct to you or you and any third party courier service that you wish to use. Products are deemed to have been delivered once a signature is received FROM ANY PERSON accepting the Products at the delivery address. It is your responsibility to ensure that no unauthorised person is able to sign for the delivery and any loss resulting from a delivery being received by an unauthorised person at the delivery address, is your responsibility.
22. We reserve the right to sell Products held in storage on behalf of a User at the current market rate of the Product and to deduct fees (in accordance with the fees notified on the Website from time to time) if the User fails to provide adequate identity verification within 10 working days of the order being placed, fails to pay the relevant storage and insurance fees or fails to undertake any other obligations hereunder.
23. We take all reasonable precautions to maintain the integrity and security of Accounts in order to prevent unauthorised or fraudulent use of our system. You acknowledge, however, that whist we take all reasonable efforts to do so we do not accept, and consequently exclude to the full extent permitted by law, any liability for loss or damage, of all forms, caused as a result of the unauthorised or fraudulent use of Users’ Account numbers and Passwords.
24. You are required to and shall indemnify us for all fraudulent instructions received in connection with your Account, to the full extent permitted by law. This shall include any actions Gold Made Simple ® may take as a result of acting on any fraudulent and/or unauthorised instructions.
25. Excluded from the provisions covered in clauses 22 and 23 is any unauthorised or fraudulent use by www.goldmadesimple.com.
26. Where it is demonstrated to our satisfaction that any transaction has occurred relating to your account as a result of any unauthorised or fraudulent activity emanating from a breach of security at www.goldmadesimple.com, we will take all reasonable and necessary steps to ensure your Account reflects the value and condition prior to such breach. All User’s accept that we will honour the provision in this clause 26 providing all User’s carry out their notification obligations. All Users must notify us of any suspected or actual breach of security as soon as such breach becomes known to you and, in any event, within no later than 1 working day from such time.
27. It is a requirement that you must be in possession of an Account number and a Password in order to access your Account. You will select the Password yourself and may change it at any time. You shall not disclose the Password for your Account to any third party or allow any third party to access your Account unless you register any third party as an Additional User. The responsibility for protecting the security and confidentiality of your Password is your own. Should you lose or forget your Password, you may request a new Password to be generated for you by submitting a ‘lost password request’ on the Website. You will be required to answer correctly security questions for which you will have provided requisite responses at the time of establishing your Account. Your ‘lost password request’ will be progressed upon our receipt of accurate answers to the security questions.
28. Save where we are required to provide information pertaining to you or your Account to third parties in order to comply with any form of legal or regulatory process, access to information pertaining to you or your Account will only be available to our staff, agents and associated service providers, and then only on a need-to-know basis.
30. In the case of a User having registered an Additional User to use an Account, you acknowledge and agree that any instruction relating to your Account given by the Additional User shall always be deemed by us to be an instruction from you and therefore we will act in accordance with such instructions within the terms of this Agreement
31. You must at all times have an active e-mail address registered to your Account via which we may communicate with you and you may communicate with us. Before changing your e-mail address, please bear in mind that you will need to be able to access your incumbent e-mail account, in order to receive verification from us in connection with the registration of your new e-mail address registered to your Account. If you do not observe the foregoing, your access to your Account may be interrupted and our resolution of such situation may incur administrative charges. You must also inform us of any changes to your contact details. Any communication sent to you in order to ascertain the validity and currency of your contact details to which you fail to respond, will result in your Account being made ‘safe’ by our administrators (resulting in restricted access and non-trading) until such time as we are able to verify your current contact information.
32. The agreement between you and us shall remain in full force and effect, binding both you and us until such time as your Account is closed.
33. We may, at our discretion, terminate the agreement with you for any reason whatsoever, including, without limiting the extent of the foregoing, your breach of any of the terms and conditions contained herein.
34. Termination of the agreement between you and us shall not relieve us of our obligations to account to you for the value of your Account with us. The value of your Account shall be calculated as the value of the Account as at the date and time of termination. We will reimburse any funds to such account as you have notified us of and where no account details are held by us or where we are unable to make an electronic transfer to your bank account for whatever reason, then you acknowledge that our obligations hereunder shall be met by sending you a cheque to your last known address
35. Where the agreement between us and you has not been terminated but you have not accessed and/or used your Account for a period of five (5) years, the Account will be construed as inactive. As a result our administrators will mark the Account as inactive and restrict all access and trading. We will make reasonable attempts to locate you or any Additional User using the most recent information you supplied to us. In the event that all attempts to contact you shall be unsuccessful the Account will be dissolved and any funds or Gold in the Account shall be forfeited by you and paid to us. You acknowledge that in the event we are able to contact you in accordance with clause 35 you or, in the event you are deceased, your estate shall be liable for any such costs in locating and delivering to you any remaining value in the inactive account. If there are no funds or Gold in the Account, we will simply close the Account.
36. The intellectual property rights including trademarks, service marks, trade names, copyright and other rights that may exist that are used or embodied within the Website are and will remain the sole property of www.goldmadesimple.com.
37. All information and material supplied by us to you, excluding your Account information and similar information specific to your Account, constitutes part of our confidential and proprietary information, save where the same is in the public domain through no fault of you. Please note that you are not authorised to reproduce, copy or disclose such confidential and proprietary information without our prior written consent.
38. You are prohibited from attempting to manipulate, change, cease control of or gain unauthorised access to any software comprising the Website.
39. Information contained on the Website is provided to assist you only and cannot be guaranteed in all circumstances, therefore any reliance on such information by you is at your own risk. You acknowledge that exchange rate and currency fluctuations may occur on a daily basis as a result of the global financial markets, and the value of grams of Products will be subject to such fluctuations, and at times, volatile fluctuations of which we have no control. As a result of the foregoing, the value of grams of Products may increased or decreased in terms of national currencies at the time you place an order than at the time we accept your order, and a User may gain or lose purchasing power by owning grams of Products instead of another currency. You therefore accept that the risks and consequences of such fluctuations are real and may impact upon your use of our service.
40. The contractual relationship between www.goldmadesimple.com and you is personal to the parties and you may not assign, transfer, sub-contract or otherwise part with the same or any right or obligation under it without the prior written consent of www.goldmadesimple.com.
41. The invalidity or unenforceability of any term of, or any right arising pursuant to these terms and conditions shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist.
42. The construction, validity and performance of these terms and conditions are governed by the laws of England and the parties accept the jurisdiction of the English Courts.
43. Gold Made Simple ® may carry out credit checks on clients buying from the Gold Made Simple ® website. These checks may leave a "soft footprint" on the clients credit history but will not effect the clients credit rating.
"Account" means an electronic record of (i) the quantity of grams of gold held at a Storage Vault by a User; (ii) the quantity of ounces of silver held at a Storage Vault by a User (measured in ounces and fractions thereof up to one thousandth of an ounce); (iii) a User's transactions on the Website;
"Agreement" means a contractual agreement between www.goldmadesimple.com and the User based on the terms and conditions contained herein;
"Customer Service" means the dedicated customer support service provided by www.goldmadesimple.com and whose contact details are provided on the website
"Jointly-Held Account" means an Account held by two or more Users jointly and which Account is subject to the normal rules relating to rights in the property held jointly and rights of survivorship;
"Messaging Facility" means Users’ secure electronic communication tool;
"Password" means an alphanumeric string of at least eight characters in length with at least one number and one letter that is used to access an Account;
"Additional User" means any third party given or allowed access to a User's Account by the relevant User or a third party who accesses such User's Account with the User's Password;
"Storage Vault" means precious metals storage facilities in which physical gold and silver are placed for safekeeping;
"Tentative Account Holder" means a person who wishes to establish an Account;
"User" means a person who has opened an Account with www.goldmadesimple.com.