TERMS AND CONDITIONS

1. LEGAL NOTICE

Site editor: The www.silvergoldtobuy.com website (hereinafter referred to as the "Website") is published by Godot & Fils Net, a French Simplified Joint-Stock Company ("société par actions simplifiée") with capital of €1,001,000, whose registered office is located at 26, rue Vivienne (1st floor) 75002 Paris, FRANCE, registered on the Trade and Companies Register of Paris under number B 532 350 352 (hereinafter referred to as "G&F NET").

Our main trading address is 26, rue Vivienne 75002 Paris, FRANCE.  Our TVA number is FR00532350352.

The purpose of the Site is the sale and purchase of gold, precious metals and numismatics (hereinafter referred to as "product").

Director of Publication: Mr. JEREMIE JONATHAN FHAL

Host: Company OSIRIS CYBERSECURITY, SAS with capital of 211,008.98 euros, registered with the RCS of ROUEN under number 753 864 610, whose head office is at 64 Boulevard Stanislas Girardin - 76140 LE PETIT QUEVILLY

CNIL declaration: 152 88 03 v0

Client contact :
- Email address: contact@silvergoldtobuy.com
- Telephone: 0 800 119 119

2. PURPOSE – ACCEPTANCE – VALIDATION

The sole purpose of these General Terms and Conditions of Sale (hereinafter referred to as the "CGV" or "CG") is to set forth the terms and conditions for the sale and purchase, via the Website, of precious metals, such as gold, silver or numismatic products to the Clients and users of this Website (hereinafter referred to as the "Client").

Prior to any transaction, the Client shall expressly acknowledge that he/she has familiarised himself/herself with these CGV and the various documents referred to herein, and that he/she unreservedly accepts the same by ticking the box "I accept these General Terms and Condition of Sale".

By ticking this box, the Client confirms that he/she is at least 18 years old and has legal capacity to enter into this type of agreement or that he/she has been authorised to do so by an authorised individual.  If you refuse to accept the CGV, you will not be able to order any products from our website.

The CGV will apply to any contract between us for the sale of the Products to you (Contract).  Please read these CGV carefully and make sure that you understand them, before ordering any Products from our website.

You should print a copy of these CGV or save them to your computer for future reference.

These CGV, and any Contract between us, are in the English language.  Please advise what other languages will be included in the website.  In the event of any discrepancy between the languages used on the website,  the French language shall prevail.

3. INFORMATION ON THE SALE OF GOLD - CAVEAT

General terms and conditions

The Client represents and warrants that he/she is aware that all activities relating to the sale and purchase of precious metals and numismatic products are governed by specific regulations with which he/she must comply (in particular, the French and other applicable international regulations on gold, taxes, customs and electronic transactions).

Availability - supply

THE CLIENT IS HEREBY INFORMED THAT GIVEN THE PRICE FLUCTUATIONS IN THE PRECIOUS METAL MARKET, G&F NET CANNOT GUARANTEE THE SUPPLY OF PRODUCTS AND THAT THEY WILL BE AVAILABLE ONLINE AND MAY BE REQUIRED TO AMEND CERTAIN INFORMATION REGARDING PRODUCT AVAILABILITY WITHOUT NOTICE TO YOU.

Taxation

The Client is hereby informed that, with regards to his/her purchase of precious metals, he/she shall be liable for any local taxes that may apply (or subsequently apply) on precious metal acquisitions (gold coins, sale of gold coins, storage of gold coins, etc.), as well as any other costs related to the Client’s purchase and the Client alone shall be responsible for the direct or indirect payment thereof.

G&F NET may be required to collect these taxes on behalf of the French tax authorities. Such taxes may therefore be added to the administration fees, if appropriate.

Flat-rate tax on precious metals

The Client is hereby informed that transfers in return for payment include sales, i.e. any sales transaction, including sale at public auction or private sales between individuals.

It also refers to exchanges and contributions, which should be regarded as cross-selling. Free-of-charge transfers (e.g. gifts, inheritance) are not subject to this flat-rate tax. Transfers that complete in France or any other European Union Member State shall be taxable. 

Transfers are deemed to take place in the Country where the property is physically located on the date of transfer thereof. Consequently, if an individual domiciled in France for tax purposes transfers property that has always been situated in a Country outside of the European Union, such transfer shall not be subject to this flat-rate tax.

In these circumstances, in addition to the purchase price, the Client shall also be liable for tax on precious metals if the purchase takes place in France via the Website.  The Client is strongly advised to take his or her own independent advice on any taxation or customs duty which may apply to them prior to completing any purchase of the products.  G&F Net gives no advice or warranty in relation to applicable taxation.

4. CREATING A CLIENT ACCOUNT - REGISTRATION

A Client Account is not required in order to browse the Website.

To purchase precious metals and numismatic products, the Client must create an account and provide a username (email or other term of his/her choice) and select a password.

The Client is hereby informed that it is necessary to provide a valid email address in order to receive an email confirming the creation of said account.

All of the above constitute the Client's "Login Details".

The Client acknowledges that he/she alone shall be responsible for all usage of his/her Login Details and the Website.

The Client undertakes to refrain from choosing a username that infringes the rights of a third party and to consequently refrain from using a username that, inter alia, infringes an intellectual property right, registered trademark, company name or patronym.

The Client undertakes that he/she alone shall perform all actions within the areas of the Website that can only be accessed using his/her Login Details and the Client shall be deemed to have performed all actions performed using his/her username.

In the event that the Client forgets his/her Login Details or in the event of the fraudulent or unauthorised use of the Client's Login Details by another User, G&F Net cannot, under any circumstances, be held liable in this respect and the Client must inform G&F Net thereof immediately by sending an email to: contact@silvergoldtobuy.com or a letter to the following address: GODOT ET FILS NET, 26 RUE VIVENNE, 75002 PARIS, FRANCE.

In accordance with Article 12 of the General Terms and Conditions of Use ("CGU"), the Client has the right to access, modify, rectify and delete his/her personal data and is hereby informed that a declaration was made to the CNIL [French Data Protection Authority] in respect of this Website in accordance with the "loi Informatiques et libertés" [French Data Protection Act] no. 78-17 of 6th January 1978.

5. WEBSITE PURCHASE PROCEDURE

For any purchases from the Website, the Client must follow the following purchase procedure:

• create an account in accordance with Article 4 and complete the identification form on which the Client must provide all the required contact details or indicate his/her client account number if he/she has already created an account using his/her username and password;
• validate his/her order having checked the same;
• pay the sums due as stipulated;
• confirm the order and payment thereof.

Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an email from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.

You shall be asked to provide a photocopy of your ID, in a form acceptable to G & F Net before the goods are shipped.

By confirming the order, the Client accepts these CGV, acknowledges that he/she has familiarised himself/herself herewith and waives the right to invoke his/her own terms and conditions of purchase or any other terms and conditions.

All data supplied and the recorded confirmation shall constitute proof of the transaction. The confirmation shall be equivalent to signature and acceptance of the completed transactions.

G&F NET shall confirm receipt of all orders by email.

Your order will be accepted by sending you an e-mail that confirms that the products have been dispatched (“Dispatch Confirmation”).  The Contract between us will only be formed when we send you the Dispatch Confirmation.

6. PRICE OF THE PRODUCTS - COMMISSION

6.1

The amount paid by the Client in order to purchase the products consists of the price of the product [as quoted on the website] in Euros as determined in accordance with market fluctuations and G&F Net's commission fee for each product purchased.

Orders can only be paid for in Euros. No refunds will be given for any products (even if lost or stolen) and no products can be exchanged or returned.

G&F NET cannot, under any circumstances, be held liable for any pricing errors in respect of products that are subject to market fluctuations, if such errors are due to the Internet.

As mutually agreed in writing by the buyer and G&F NET, in the event of any doubt, prior to validating any orders reference shall be made to the price on the date of the order as certified by market and financial authorities.

G&F NET reserves the right to vary its prices at any time but changes will not affect any order you have already placed. However, it is agreed that only the price indicated on the catalogue on the date of the order shall apply to the buyer.

It is always possible that, despite our reasonable efforts, some of the products on the Website may be incorrectly priced. If G&F NET discovers an error in the price of the products the Client has ordered, G&F NET will contact him/her in writing to inform him/her of this error and G&F NET will give him/her the option of continuing to purchase the product(s) at the correct price, or cancelling order. G&F NET will not process the Client’s order until he has his/her instructions. If G&F NET is unable to contact the Client using the contact details he/she provided during the  order process, G&F NET will treat the order as cancelled and notify the Client in writing. Please note that if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing, G&F NET does not have to provide the products to the Client at the incorrect (lower) price.

The prices shown include order processing fees, but not the shipping and delivery costs.  G&F NET’s delivery and shipping charges are advised to the Client during the check out process before he/she confirms his/her order.  To check relevant delivery charges, please refer to our Delivery Charges page https://www.silvergoldtobuy.com/delivery .

A surcharge shall apply for any order placed from outside Metropolitan France depending on the additional cost incurred due to the geographical area in question and as notified to the Client prior to making payment.

6.2

VAT exemption

Pursuant to Article 261 C of the French General Tax Code, with the exception of gold for industrial use, all transactions relating to gold, when performed by credit institutions, investment service providers, foreign exchange providers, discount operators, or any other individual/entity whose primary activity relates to gold transactions, shall be exempt from Value Added Tax (VAT).

In addition, Article 298.sexies.A of the French General Tax Code stipulates that a VAT exemption shall apply to precious metals if the purchase price does not exceed the value of the gold contained in the coins by more than 80%.

Consequently, the Client shall receive a detailed invoice for any transactions relating to investment precious metals (gold coins etc.); said invoice shall specify the name, year and country of issue for such coins, as well as their weight in gold and the price for fine gold on the open market on the date of delivery. (Article 98 B of the French General Tax Code, Appendix 3, - Decree no. 2000-490 of 2nd June 2000 - Art. 1, JORF [French Official Legal Gazette] 6th June 2000).

7. PRODUCT AVAILABILITY - PRESENTATION OF THE PRODUCTS

7.1

Availability

When validating the purchase of a product from the Website, the Client shall be informed of whether or not the products that he/she would like to reserve are available.

In the event of a stock shortage or if products are unavailable in the necessary quantity or category, G&F Net shall inform the Client immediately and the Client may, within the limit of available stock, purchase other products from a different category.

A summary of the products thus offered to the Client shall appear in the order summary displayed on screen.

However, given the strong demand for precious metal type products and market fluctuations, payment by bank transfer or bankers' draft shall be subject to verification of the availability of funds. In these circumstances, G&F NET cannot guarantee the availability of products between the date on which they are ordered from the Website and the verification of funds (depending on the payment method) following which products can be delivered to the Client.

7.2

Presentation of the products

All information and photographs of the products available are for illustration purposes only and are non-contractual.

8. PAYMENT

The purchase price shall be payable when the order is placed.

For the purchase of products from the Website, G&F NET accepts 4 methods of payment: 

• Payment in cash at Godot & Fils' premises.
• Secure electronic payment.
  This transaction is secured through a 128-bit SSL encryption procedure and 3D Secure technology in order to enhance all scrambling and encryption procedures by optimising the protection of all personal data connected to this payment method.
• Payment by cheque. The cheque must be accompanied by the summary of the printed Order Confirmation and a photocopy of the Customer's identity document. The Order will only be processed once the cheque has been received and the funds have been verified within a minimum period of 21 days. Furthermore, an additional delay linked to the operation of the postal services may apply to those announced by G&F Net.
• Bank transfer.
  The buyer shall receive an email with G&F NET's bank details. The buyer's order will only be processed upon receipt of his/her bank transfer. Acceptance of the order shall depend on whether or not the goods remain available during the time required to accept payment. G&F NET shall only regard the Client's validated order as effective after the transfer has been duly received and cleared.

For large amounts, a deposit of 5% may be required in order to validate the order. For the sale to complete, the remaining balance must be paid and cleared within 72 business hours. Otherwise, the deposit will not be refundable, under any circumstances.

Moreover, G&F NET reserves the right to reject any order placed by a Client with whom it is in dispute.

9. CONFIRMATION AND VALIDATION OF THE ORDER

The Client's order of products will only be final and binding on G&F NET upon receipt of an email (sent to the same email address as that provided by the Client when validating his/her order), confirming that the order of products has been validated.

The Client is strongly advised to check his/her email account and ensure that this validation email has not been filtered into the "Spam" folder.

Unless proven otherwise, the data recorded by G&F Net when this order is placed shall constitute proof of all transactions between G&F NET and its Clients.

10. DELIVERY

The products shall be delivered to the address indicated on the order form that the Client completes when validating his/her purchase.

The buyer shall bear all risks as from the moment that the products leave the premises of Godot et Fils Net.  The buyer owns the Products once we have received payment in full, including all applicable delivery charges.

In the event of damage during transport, substantiated complaints must be made to the transport operator within three days from delivery thereof.

Delivery times are provided for guidance only; if they exceed thirty days from the date on which the order was placed, the sale and purchase agreement may be terminated and the buyer shall receive a refund excluding delivery charges.

If several products are purchased, the product with the longest delivery time should be taken into account for delivery of the entire order.

If the Client orders products from the Website for delivery to an accepted international delivery destination, his/her order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that G&F NET have no control over these charges and he cannot predict their amount. 

The Client will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

The Client must comply with all applicable laws and regulations of the country for which the products are destined.  G&F NET will not be liable or responsible if the Client breaks any such law.

11. WAIVER OF THE RIGHT OF WITHDRAWAL

It is hereby reiterated that pursuant to Article L. 121-20-2 of the French Consumer Code, the Client cannot exercise his/her right of withdrawal in respect of goods and services for which the purchase price varies depending on fluctuations of the prices on the financial market.

No refunds will be given for such products/services, the Client having been informed in the product/service description of the nature of such products/services prior to completion of the sale.

12. LIMITATION OF LIABILITY

Nothing in these CGV limits or excludes our liability for:

(a)    death or personal injury caused by our negligence; or

 

(b)   fraud or fraudulent misrepresentation.

Subject to the terms of this Article 12, G&F NET will under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)    any loss of profits, sales, business, or revenue;

 

(b)   loss or corruption of data, information or software;

 

(c)    loss of business opportunity;

 

(d)   loss of anticipated savings;

(e)    loss of goodwill; or

 

(f)    any indirect or consequential loss.

Subject to the terms of this Article 12, the G&F NET total liability to the Client in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the purchasing price.

Except as expressly stated in these CGV, G&F NET does not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these CGV by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, G&F NET will not be responsible for ensuring that the Products are suitable for the Client’s purposes.

13. CORRESPONDENCE - PROOF

Unless these CGV specify otherwise, all correspondence between the parties shall be by email via the Website.

Pursuant to Article 1316 et seq. of the French Civil Code and, as appropriate, Article L. 110-3 of the French Commercial Code, the parties hereby declare that all information provided by email shall be binding on the parties, provided no written document (certified and signed by each of the parties) challenging such digital information is produced.

Information contained on G&F Net's IT systems or as authenticated by G&F Net's computerised procedures regarding the time of receipt or sending, as well as the type of data received, shall have prevalence, unless written proof to the contrary has been provided by the Client and/or G&F NET.

14. INTELLECTUAL PROPERTY

"ACHAT-OR-ET-ARGENT.FR" and "Epargnor" are trademarks, which GODOT & FILS NET has registered with the INPI [French Intellectual Property Office].

GODOT & FILS NET owns all copyrights over the content of its Website and the ticket management software developed for such purpose, as well as its trademarks, logos, domain names and all associated distinctive marks.

GODOT & FILS NET has all intellectual property and commercial exploitation rights over such elements.

Pursuant to the French Intellectual Property Code and international treaties, any and all partial or total reproductions, extractions, distribution, disclosure, public display, translation, circulation, adaptation, modification or transcription, on any medium whatsoever and by any method, other than for private use, is prohibited except with the prior express authorisation of GODOT & FILS NET.

Any breach of this article shall constitute an infringement of copyright for which the infringing party shall be held civilly and criminally liable.

15. LIABILITY - WARRANTY

All products supplied by the seller shall be covered by the statutory warranty provided for under Articles 1641 et seq. of the French Civil Code.

In the event of the non-conformity of the product sold, it may be returned to the seller, who shall accept the return and provide an exchange or refund.

All claims and requests for exchange must be substantiated and made by letter sent to the following address: Godot et Fils Net, 26 rue Vivienne, 75002 Paris, France within thirty days from the delivery date.

The services that G&F NET offers on its Website are provided on an as is basis and depending on availability.

G&F NET does not guarantee that the services provided via the Website shall be provided without error or temporary secure interruptions.

G&F NET shall not be held liable, in any capacity whatsoever, for Website malfunctions, significant variations in gold prices, monetary policies, bankruptcy, liquidity risks or insurance exclusion clauses.

It is not bound by a duty to provide customised support, including technical support.

It disclaims all express and implied warranties, in particular, with regards to the Website's quality and compatibility with the use that its Clients make thereof.

It does not guarantee any result or benefit from the usage that Clients make of the services that are available via the Website.

Furthermore, it does not guarantee that the files provided by Clients will be free from unauthorised third party intrusions, will not be corrupted or downloaded, or even that the information and data that circulates on the Internet are protected against such attacks or possible misuse.

After-Sales Support

G&F Net undertakes to respond as quickly as possible to any order or complaint that it receives.

After-Sales Support is available on business days at the registered office of G&F Net:

24 hours a day: by email sent to contact@silvergoldtobuy.com or by fax on +33 1 40 28 24 50

from Monday to Friday between 10am and 5.30pm (Paris time): by telephone on +33(0)1.40.28.60.40

Mediation

If necessary, if the Client believes that the contract has not been complied with, recourse to mediation shall be possible in order to settle any disputes.

16. FORCE MAJEURE

16.1

Any event that is beyond the control of GODOT & FILS NET and which it could not reasonably avoid, constitutes a force majeure event and as such suspends performance of the parties' obligations. Such events include, but are not limited to: a strike or technical breakdown (EDF, ERDF, telecoms operators, Internet access providers, hosting services, Registrars, etc.), energy supply interruptions (electricity, etc.), breakdown of the electronic communications network used by GODOT & FILS NET and/or any network which may replace such network, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

The Client may cancels a Contract affected by a force majeure event which has continued for more than 30 days. To cancel please contact us. If the Client opts to cancel, he/she will have to return (at his/her cost) any relevant Products the Client has already received and G&F NET will refund the price he/she has paid, including any delivery charges. If the Client does not cancel the relevant Contract, the Client may contact GODOT & FILS NET in order to ascertain if an alternative solution is reasonably available and subject to G & F NET’s absolute discretion to provide such alternative solution.

16.2

GODOT & FILS NET cannot be held liable or deemed to have breached its obligations hereunder, in respect of any failure to perform connected to an event of force majeure as defined by law and French case law, provided it notified the other party thereof and did everything possible in order to minimise damage and perform its obligations as quickly as possible after the event of force majeure has ended.

17. CGV UPDATES

GODOT & FILS NET may amend these CGV at any time. Please look at the top of this page to see when these CGV were last updated and which CGV were changed.  The Client shall be informed of any changes that may have been made to these CGV and the documents referred to herein the first time that the Client uses the Website after such changes have been made.  Every time you wish to order Products please check these CGV to ensure you understand the terms which will apply at that time.  These CGV were most recently updated on [insert date]

If G&F NET has to revise these CGV as they apply to your order, he will contact the Client to give him/her reasonable advance notice of the changes and let him/her know how to cancel the Contract if he/she is not happy with the changes. The Client may cancels either in respect of all the affected products or just the products he/she has yet to receive. If the Client opts to cancel, he/she will have to return (at G&F NET’s cost) any relevant products he/she has already received and G&F NET will arrange a full refund of the price he/she has paid, including any delivery charges.

18. OTHER IMPORTANT TERMS

G&F NET  may transfers the Client’s rights and obligations under a Contract to another organisation, but this will not affect his/her rights or G&F NET’s obligations under these CGV. We will always notify you by posting on this webpage if this happens.

The Client may only transfers his/her rights or his/her obligations under these CGV to another person if G&F NET agree in writing. 

This Contract is between the Client and G&F NET. No other person shall have any rights to enforce any of its terms

If G&F NET fails to insist that the Client performs any of his/her obligations under these CGV, or if G&F NET does not enforce the Client’s rights against him/her, or if G&F NET delays in doing so, that will not mean that he has waived the Client’s rights against him/her and will not mean that he/she do not have to comply with those obligations. If G&F NET does waive a default by the Client, he will only do so in writing, and this will not mean that he will automatically waive any later default by the Client.

19. ENTIRE AGREEMENT

These CGV, the Cookies Policy, the Privacy Policy and the Terms and Conditions of the GARDIENOR service, constitute the entire agreement between the Clients and GODOT & FILS NET. They supersede all proposals, letters exchanged prior and subsequent hereto, as well as all other provisions that appear in the documents exchanged by the parties relating to the subject matter of these CGV, unless an addendum is duly signed by the representatives of both parties.

Each of the paragraphs of these CGV operates separately.

20. SEVERABILITY

If one or more provisions of these CGV are deemed invalid or declared invalid pursuant to a law, regulation or binding decision of a competent court, the remaining provisions of these CGV shall remain in full force and effect.

In such circumstances, GODOT & FILS NET undertakes to delete such clause and immediately replace it by a legally valid clause.

21. HEADINGS

In the event of any issues regarding the interpretation of the heading of any articles and any clauses, the headings shall be deemed unwritten.

22. JURISDICTION - GOVERNING LAW

Any issues resulting from the interpretation and/or performance hereof shall be subject to the jurisdiction of the competent courts of Paris, to which the Parties expressly grant sole jurisdiction. Only French law will apply.

 Extract from the laws and regulations

• Article L.121-20-2 of the French Consumer Code:

Unless the parties agree otherwise, the right of withdrawal cannot be exercised for contracts:

1. for the supply of services, if performance begins, with the consumer's consent, before the end of a period of seven full days;
2. for the supply of products or services for which the price depends on the fluctuations of prices on the financial market;
3. for the supply of products made to the consumer's specifications or manifestly customised or which, due to the nature thereof, cannot be returned or which are liable to deteriorate or perish rapidly.

• Article 298.6. A of the French General Tax Code

 

1. The following are exempt from value added tax:
1. The supply, intra-community purchase and import of investment gold, even if the investment gold is traded on gold accounts or in the form of certificates or contracts conferring a right of ownership or claim in respect of such gold;
2. Services provided by taxpayers acting for and on behalf of third parties in the transactions referred to in a.
3. The following are regarded as investment gold:
1. Gold, in the form of a bar, an ingot or a wafer of weights exceeding one gram, of a purity equal to or greater than 995 thousandths, regardless of whether such gold is represented by securities.
2. Gold coins, which are of a purity equal to or greater than 900 thousandths, minted after 1800, are or have been legal tender in their country of origin, and for which the purchase price does not exceed the value of the gold contained in the coins by more than 80%.