2.1. These General Terms and Conditions (hereinafter "GTCs") govern all relations between the Client and GOLDBROKER LTD, including account creation for the purchasing, selling, and storage of precious metals. They apply to all transactions between the Client and the Company.
2.1.1 The following terms and conditions govern your use of the GOLDBROKER LTD web site (hereinafter: “GOLDBROKER website”). Your viewing or use of the GOLDBROKER website will constitute your agreement, on behalf of yourself and the company/account you represent (hereinafter collectively “you” or “yourself” or “the company” or “the account”), to all of the GTC’s provided below.
2.2. GOLDBROKER LTD reserves the right to modify the GTC’s at any time. Modifications will take effect after publication on the Website. By accessing or using the Website, the Client accepts the GTC’s, including any recent updates.
2.4. Sales prices shown on the Website constitute non-binding bids. By placing an order, the Client submits a binding offer. The Company will confirm acceptance by email within 48 hours, at which point the contract is concluded.
2.4.1. You can make a change to your order anytime by clicking on “Cart”. When sending your order by clicking on “Place My Order”, you are submitting a mandatory contractual offer. If we do accept this offer, we will send you an order confirmation by e-mail. Upon receipt of the invoice amount, you will be notified and sent a payment confirmation. Payment conditions are determined by paragraph 11 of current GTC’s.
2.5. The Company reserves the right to revoke an order confirmation within one week if errors or incomplete data in the Website or confirmation disadvantage the Company. In such cases, the Client will be reimbursed in full, including fees.
The object of the agreement is the purchase of precious metals by the Client from GOLDBROKER LTD, their storage, and insurance.
4.1. The Client acknowledges that trading in precious metals involves market risks due to unpredictable nature of commodity markets. The Company does not guarantee any capital gains upon resale.
4.2. The Client declare they have read and understood these GTC’s and accepts the risks involved in purchasing precious metals.
5.1. Each bar sold by GOLDBROKER LTD has a minimum purity of 995.0/1000.
5.2. Each coin sold has a minimum purity of 900.0/1000.
6.1. Bars and coins purchased are stored in a secure vault operated by MALCA-AMIT in Zurich, Switzerland, unless otherwise specified.
6.2. Each bar is weighed, given a serial number, and allocated to the Client’s personal safe. Each serial number shall be generated by the company MALCA-AMIT and forwarded by the latter to the Client via GOLDBROKER LTD personal account in a storage certificate entitled “SSOR”. This account number shall be for the exclusive use of the Client only. It will be referenced on each of the invoices and other contractual documents sent by GOLDBROKER LTD to the Client.
6.3. The original ownership certificate is held by MALCA-AMIT and GOLDBROKER LTD shall not modify this certificate without the Client’s express consent. The certificate is kept in the vault to allow for quick resale of the Bars/coins and to avoid the risk of loss or theft. The certificate may be posted to the Client upon request in writing.
6.4. The Company is not liable for any negligence or misconduct by the third-party vault operator, MALCA-AMIT. Clients are encouraged to review the operator’s terms.
7.1. We ship worldwide, on the terms and subject to the costs stated on under the heading "Shipping" tab on Company website. Please contact customer support service ([email protected] Tel. +44 207-131-0260 or +1 800-780-0350) for an estimate of the cost. Delivery will be made during common delivery times (Monday to Friday, 07:30 hrs to 18:30 hrs your local time). If the transport service provider does not encounter you on their first delivery attempt, they will make another delivery attempt. Shipping fees are calculated and are payable per order; whereby the consolidated dispatch of multiple orders as a single unit is not possible for technical reasons. Delivery will be made to the shipping address that you entered in your Goldbroker.com customer account or to a UPS Access Point that you have selected. For security reasons, we may change delivery to a UPS Access Point on your behalf. Delivery is performed through the handing over of the products to any person present and ready to acknowledge receipt at the delivery address. The delivery company may request to see a valid officially recognised photo ID when delivering the products. We cannot deliver the products to a P.O. box. Delivery times may be affected by supply of the products, customs formalities and other checks, as well as logistical arrangements of the delivery company, all of which we do not have control over.
7.2. If you are a client, the risk of accidental loss, damage or deterioration of the products shall not transfer to you before the products have been delivered to you or the person found at the delivery address or, where applicable, to your representative agent.
7.3. If you are a business, the risk of accidental loss, damage or deterioration of the products passes to you when the goods are handed over to you or, in the case of a sale to the destination, when they are handed over to the forwarding agent, the parcel service provider, the carrier or any other person designated to carry out the shipment.
7.4. When your products are delivered, you should check the products and packaging carefully to ensure it is complete and no products are damaged. Where the products or the packaging of the products is damaged, then you must either refuse to accept delivery of the products or sign for the delivery and note that the package was damaged on arrival. You must then contact customer support service ([email protected] — Tel. +44 2071310260 or +1 800-780-0350) immediately.
7.5. We are not responsible for delays outside of our control. If our supply of your product is delayed by an event outside of our control, we will contact you as soon as possible to let you know and shall do what we can to reduce the delay. If we do this, we won't compensate you for the delay, but if the delay is likely to be substantial, you can contact customer support service ([email protected] — Tel. +44 2071310260 or +1 800-780-0350) to end the contract and receive a refund for any products you have paid for in advance but not received, less reasonable costs we have already incurred.
7.6. We have certain identification requirements. You must provide such information that we require or request in relation to any products you may purchase from us or store with us, including all information required to comply with all applicable laws and regulations, including anti-money laundering regulations. We shall not be liable to you for any losses you incur because of your refusal to provide this information when requested. Where you do not provide the requested information, we may not enter a business relationship or may need to terminate an existing relationship.
7.7. Products can vary slightly from their pictures. A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
7.8. You do not have the right to cancel a purchase. Some of the products on our website are subject to price fluctuations in the financial market and which we have no control over. You, therefore, do not have the right to withdraw from your purchase of such products and receive a full refund for what you paid for it. For further details about your cancellation rights, please see our Cancellation Policy, please see part 16 of current GTC.
7.9. You have rights if there is something wrong with your product. If you think there is something wrong with your product, you must contact us at customer support service ([email protected] — Tel. +44 2071310260 or +1 800-780-0350), who will guide you on the requirements to assess any defects with the products. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law.
8.1 Delivery deadlines are provided for informational purposes only. GOLDBROKER LTD shall not be held liable for any consequences arising from a delay in delivery, regardless of the cause.
8.2. The client is hereby informed that, due to high demand for precious metal products, market fluctuations, and geopolitical factors, the supply timelines of the relevant suppliers may be extended. Therefore, Company cannot guarantee the delivery times indicated.
8.3. The client acknowledges that they are purchasing a financial asset and not a consumer product for immediate use.
8.4. At the time of purchase validation for products on the Website, by telephone, the client will be informed of the estimated delivery timeline, which will be indicated on the product information page on the Website. This timeline will also be included in the order confirmation email.
8.5. The client must ensure that their delivery address is accurate. In the event of an error on the part of the client, GOLDBROKER LTD shall not be held liable for the inability to deliver the products.
8.6. The risks of loss or theft of the products are fully covered (100%) by GOLDBROKER LTD (through its insurance policy and that of the carrier) during transit, until the products are delivered in person to the client.
9.1. The Bars/Coins are insured against theft and damage, excluding cases of terrorism or civil war. Insurance premiums are included in the annual storage fees paid to GOLDBROKER LTD.
9.2. GOLDBROKER LTD confirms that in the "Storage Agreement" entered into with MALCA-AMIT, is the written evidence of the insurance coverage. Proof of insurance coverage can be provided to the Client upon request in writing.
10.1. Precious metals are sold at the spot price at the date of purchase plus a buying commission. Sales are at the spot price at the date of sale less a sales commission.
10.2. Once the purchasing price proposed by GOLDBROKER LTD is validated by the Client, there is no more risk of change – the price remains fixed and will not change during the delivery process. GOLDBROKER LTD proceeds with the sale of precious metals to the client at the price agreed upon and validated. GOLDBROKER LTD reserves the right to pass on unforeseen cost increases (e.g., customs charges, storage cost changes, ) to the Client with prior notice via email. The invoice will be accessible via the member account.
10.3. Early withdrawal of metals within the first year of storage does not entitle the Client to a refund of storage fees. Subsequent years are refunded on a pro-rata quarterly basis.
11.1. In addition to the purchase commission charged by GOLDBROKER LTD, GOLDBROKER LTD shall charge storage fees to cover the costs of handling, warehousing, transportation and insurance. Storage fees are invoiced annually for the first year and annually or quarterly thereafter. Rates are available on the Website under the "Storage Fees" tab.
11.2 Should the Client fail to pay the storage fees following receipt of the invoice, GOLDBROKER LTD reserves the right to suspend withdrawal requests or the sale of stored metals to cover fees, in such circumstances, any balance will be transferred to the Client’s bank account.
12.1. The purchase price and storage fees (invoice amount) shall strictly be paid in advance. Payments must be made by wire transfer or PayPal (for storage renewals) in Euros, USD, CHF, or GBP within three (3) days of order confirmation.
12.2. The Company reserves the right to terminate the contract, even without having allowed Client to issue any additional delay (fixed-terms sale). All other legal claims, notably regarding the purchasing price, default interest and/or damages, shall be deemed un-applicable. In case of late payment or non-payment, our right to damages shall be, at a minimum, equivalent to the price variation occurred in the meantime for the products on the financial market. The Company shall inform the Client once funds have been received and shall then proceed with the transaction. Once the transaction is executed, GOLDBROKER LTD shall reimburse the Client by wire transfer to the Client’s bank account, any positive balance remaining in GOLDBROKER LTD’s account for that particular Client within forty-eight (48) hours following the execution of the transaction.
12.3. The Company reserves ownership of goods until full payment is received. Late payments may incur penalties equivalent to market price fluctuations.
13.1. The Client is solely responsible for all applicable taxes in their jurisdiction of residency with respect of the acquisition, sale or storage of the precious metals. GOLDBROKER LTD’s services are VAT-exempt in the UK.
13.2. The Client warrants they have sought appropriate tax and legal advice regarding the purchase, sale, and storage of metals.
14.1. The Company assumes no responsibility for market fluctuations or the Client’s financial outcomes. The Company does not advise the Client on the purchase or sale of precious metals and Client is encouraged to seek proper advice from the licensed financial advisors.
14.2. The Company shall not be held responsible for any failures or interruptions in communication systems, whether caused by issues with the server hosting the Web-site, other websites, or the failure to receive emails, scanned documents, or letters sent by the Client.
14.3. The Company is not liable for delays or failures caused by events of force majeure, including but not limited to natural disasters, labour disputes, or governmental actions, include inter alia, Acts of God, floods, lightning, fire, earthquakes, energy failure, war, terrorism, riots, embargoes, governmental actions, accidents affecting the production and storage of GOLDBROKER LTD’s products, total or partial stoppage of supply, failure of the carrier, insurrections, energy suspensions, machinery breakdown, total or partial strike, administrative decisions, epidemics, explosions, third party actions, and any external event that is likely to delay, prevent or make prohibitively expensive the implementation of the Company's commitments and obligations. The occurrence of an event constituting force majeure shall be immediately notified to the Client. The Client will be notified immediately of such events.
14.4. GOLDBROKER LTD, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the GOLDBROKER website or systems. No information obtained via the GOLDBROKER website or systems shall create any warranty not expressly stated by GOLDBROKER in these terms and conditions.
14.5. Any material downloaded or otherwise obtained using the GOLDBROKER website, is done at your own discretion and risk. You solely will be responsible for, any damages to, loss of data or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the in the GOLDBROKER website or your downloading of anything from the GOLDBROKER Web Site.
14.5.1. In no event shall GOLDBROKER LTD or any of its associated or affiliated companies be liable for any direct, indirect, incidental, special, consequential, incidental or exemplary or other damages, including without limitation damages for loss of profits, goodwill, business interruption, use, data, damage to any computer systems, even if you have advised GOLDBROKER LTD of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the GOLDBROKER website, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the GOLDBROKER website; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the GOLDBROKER website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
14.6 You hereby release and agree to indemnify and hold harmless GOLDBROKER LTD and its associated and subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of the GOLDBROKER website and its Content.
15.1. The Client guarantees that all funds used for transactions are of lawful origin and comply with anti-money laundering (AML) laws.
15.2. Clients must provide a valid passport and proof of address for identity verification in compliance with AML regulations. Personal data collected for this purpose will be processed securely and exclusively in accordance with GDPR standards, ensuring confidentiality and the Client’s right to access, rectify, or delete their data as stipulated by applicable laws.
16.1. In accordance with European and the United Kingdom’s law, specifically the Financial Services (Distance Marketing) Regulations 2004 and the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, there is no statutory right to cancel or return orders for Gold, Silver, Platinum, Palladium, or Rhodium once placed, due to fact that these products are subject to price fluctuations in the financial markets that are beyond our control.
16.2. You can however enquire about a termination of your order prior to dispatch or collection. If we consent, by means of a clear declaration (e.g. a letter in writting sent via e-mail) of your decision to cancel, to terminating your order, you will need to compensate any possible fall in the underlying metal price and our loss in profit.
17.1. These GTCs are governed by the laws of the United Kingdom.
17.2. Any disputes arising will be resolved through arbitration under the International Arbitration Rules of the International Centre for Dispute Resolution, with proceedings conducted in English in the UK.