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 Website. Your viewing or use of the 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. 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. 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.
2.4. 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 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 [company key=“name”] are stored in a secure safe 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 Clients through their GoldBroker.com 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 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 post.
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 provide worldwide shipping (refer to the list of available countries on our Website), on the terms and subject to the costs stated on under the heading "Shipping" tab on the Website. Please 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 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 personal 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 recognized 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 Support Service 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 Support Service 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 color 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 Support Service, who will guide you on the requirements to assess any defects with the Products. We honor 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. 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, 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, 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 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. Products 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 is 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 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 GOLDBROKER LTD, the Company 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, GOLDBROKER LTD 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 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, the Company 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 Website, 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 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. 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 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 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 Website or your downloading of 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 you have 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 your 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. 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 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 Company agrees, you (as Client) must provide a clear statement of your decision to cancel (e.g., a written notice sent via email). In such cases, Client will be required to compensate for any potential fall in the underlying metal price as well as any loss of profit incurred for the Company.
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.