We put safety at the core of our business
2.1. These General Terms and Conditions (hereinafter "GTCs") govern all relations between the Client and the Company, 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 the Client's use of the Website. The Client's viewing or use of the Website will constitute the Client's agreement, on behalf of themselves and the Company/account they represent (hereinafter collectively referred to as 'the Client,' 'the Company,' or 'the account'), to all of the GTCs provided below.
2.2. The Company 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.
2.3. 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.
2.3.1. The Client can modify their order at any time by clicking on "Cart." By clicking "Place My Order," the Client submits a mandatory binding contractual offer. If the Company accepts this offer, the Company will send the Client an order confirmation by email. Upon receipt of the invoice amount, the Client will be notified and sent a payment confirmation. Payment conditions are determined by paragraph 12 of the current GTCs.
2.4. The Company reserves the right to revoke an order confirmation within one week if errors or incomplete information on the Website or incorrect data are identified, and such issues may 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 the Company, 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 the Company has a minimum purity of 995/1000.
5.2. Each Coin sold by the Company has a minimum purity of 900/1000.
6.1. Products purchased by the Client through the Company are stored in a secure vault operated by MALCA-AMIT in Zurich, Switzerland, unless otherwise specified.
6.2. All Bars are weighed and assigned a unique serial number by the refineries. Once the Products are allocated to the Client’s personal storage account, MALCA-AMIT generates a seal number. All this information is provided to the Client through their GoldBroker.com/Or.fr personal account, along with the storage certificate titled “SSOR".
6.3. Once the storage certificate is fully signed, a digital copy is securely retained by MALCA-AMIT in its system and made accessible to the Client through their GoldBroker.com/Or.fr personal account. A fully signed storage certificate indicates its completion and cannot be modified. Upon written request, the storage certificate can also be sent to the Client by mail.
6.4. The Company is not liable for any negligence or misconduct by the third-party vault operator, MALCA-AMIT. The Client is encouraged to review the operator’s terms.
7.1. In partnership with the carrier UPS, the Company provides worldwide shipping (refer to the list of available countries on the Website), on the terms and subject to the costs stated in the online shop of the Website. The Client can contact Support Service for an estimate of the cost. Delivery will be made during common delivery times (Monday to Friday, 07:30 hrs to 18:30 hrs Client’ local time). If UPS is unable to reach the Client on the first delivery attempt, they will make another 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 address provided by the Client when placing the order online or to a selected UPS Access Point.
For security reasons, the Company may change delivery to a UPS Access Point on Client’s behalf. Delivery is performed through the handing over of the Products to any person present and ready to acknowledge receipt at the delivery address. UPS may request to see a valid officially recognized photo ID when delivering the Products. The Company 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 UPS, all of which are beyond the Company's control.
7.2. As a Individual, 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 Client’s representative agent.
7.3. As 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 the Client’s Bars, Coins, or both are delivered, the Client should carefully inspect the Products and packaging to ensure they are complete and undamaged. If the Products or their packaging are damaged upon delivery, the Client shall either refuse acceptance of the delivery or accept it while precisely recording the damage at the time of receipt. The Client must then contact the Support Service immediately.
7.5. The Company is not responsible for delays outside of its control. If the supply of the Client’s Product is delayed by an event outside of the Company’s control, the Company will contact the Client as soon as possible to inform them and shall take all reasonable measures to minimize the delay. If the Company does this, the Client won't be compensated for the delay. However, if the delay is likely to be substantial, the Client can contact the Support Service to terminate the contract and receive a refund for any Products they have paid for in advance but have not received, minus any reasonable costs already incurred by the Company.
7.6. The Company has certain identification requirements. The Client must provide any information that the Company requires or requests in relation to any Products they purchase from the Company or store with the Company, including all information necessary to comply with applicable laws and regulations, such as anti-money laundering regulations. The Company shall not be liable for any losses the Client incurs due to their refusal to provide this information when requested. If the Client does not provide the requested information, the Company may not enter into a business relationship or may need to terminate an existing relationship.
7.7. Products can vary slightly from their pictures. The Product's true color may not exactly match that shown on Client’s device or in marketing materials or its packaging may be slightly different.
7.8. The Client does not have the right to cancel a purchase. Some of the Products on the Website are subject to price fluctuations in the financial market, over which the Company has no control. The Client, therefore, does not have the right to withdraw from the purchase of such Products or receive a full refund for what the Client paid for them. For further details about cancellation rights, please see the Cancellation Policy, please see part 16 of current GTC.
7.9. The Client has rights if there is something wrong with the Bars or Coins, or both. If the Client believes there is something wrong with the Product, they must contact the Company’s Support Service, who will guide them on the requirements to assess any defects with the Products. The Company honors its legal duty to provide the Client with Products that are as described on the Website and that meet all the requirements imposed by law.
8.1. Delivery deadlines are provided for informational purposes only. The Company 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, the 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 the 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.
8.5. The Client must ensure that their delivery address is accurate. In the event of an error on the part of the Client, the Company 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 the Company (through its insurance policy and that of the carrier) during transit, until the Products are delivered in person to the Client.
9.1. All Bars and 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 the Company.
9.2. The Company 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 The Company and its validated by the Client, there is no more risk of change – the price remains fixed and will not change during the delivery process. The Company proceeds with the sale of precious metals to the Client at the price agreed upon and validated. The Company reserves the right to pass on unforeseen cost increases, such as customs fees or changes in storage costs, to the Client with prior notice via email. The invoice will be accessible via the Client’s GoldBroker.com/Or.fr personal 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 the Company that 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 "Fees" tab.
11.2. Should the Client fail to pay the storage fees following receipt of the invoice, the Company reserves the right to suspend withdrawal requests or the sale of stored metals to cover fees, in such circumstances, the Company shall be entitled to sell the Client’s Products to recover the outstanding fees. Any remaining balance after settling the unpaid storage fees will be transferred directly to the Client’s bank account, and the contractual relationship between the parties will be terminated immediately.
12.1. The purchase price and storage fees (invoice amount) shall strictly be paid in advance. Payments must be made by wire transfer, bank card or PayPal (for storage renewals) in EUR, USD, CHF, CAD, 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 the event of late payment or non-payment, the Company shall be entitled to claim damages, which shall be no less than the price fluctuation of the Products in the financial market during the intervening period. The Company shall inform the Client once funds have been received and shall then proceed with the transaction. Once the transaction is executed, the Company shall reimburse the Client by wire transfer to the Client’s bank account, any positive balance remaining in the Company’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 certifies and warrants that they have obtained independent tax and legal advice concerning 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 www.goldbroker.com / www.or.fr and/or 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 the 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 Client will be notified immediately of such events.
14.4. The Company, 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 Website or systems. No information obtained via the Website or systems shall create any warranty not expressly stated by the Company in these terms and conditions.
14.5. Any material downloaded or otherwise obtained using the Website is done at the Client's own discretion and risk. The Client will be solely responsible for any damages to, loss of data, or viruses that may infect their computer equipment or other property as a result of accessing, using, or browsing the Website, or downloading anything from the Website.
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 the Client has advised the Company 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 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 Website; unauthorized access to or alteration of the Client transmissions or data; statements or conduct of any third party or any other matter relating to the 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. The Client hereby releases and agrees 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 the Client's use of or viewing of the 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. The Client 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 the Company's control.
16.2. In the event, if Client chooses to terminate an order under certain circumstances prior to dispatch or collection, Client will be charged for any decrease in the in the price fluctuations in the financial markets from the time the order was placed to the time of cancelation, along with termination fee.
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.