STANDARD TERMS AND CONDITIONS OF BUSINESS

(For consumer sales)

Version: [04-2017]

1.            Interpretation

1.1.        The following definitions shall have the following meanings: 

the Customer”

means the person purchasing goods from the Supplier;

“Force Majeure  Event”

means an event beyond the reasonable control of the Supplier, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, inability to procure materials or articles except at increased prices or default of agents, suppliers or subcontractors;

the Goods

means the goods that the Supplier is to supply to the Customer in accordance with these terms;

the Supplier

means DB London Limited (company number: 09975794) whose registered office is at Level 1, Devonshire House, One Mayfair Place, Mayfair, London, W1J8AJ;

“these terms”

means these terms and conditions as amended from time to time in accordance with clause 2.2;

“Working Day”

means a day other than a Saturday, Sunday or public holiday in England when clearing banks in London are open for business.

1.2.        The rules of interpretation in this clause 1 apply in these terms.

1.3.        Clause headings do not affect the interpretation of these terms.

1.4.        Except where a contrary intention appears, a reference to a clause is a reference to a clause of these terms.

1.5.        Unless otherwise specified, a reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.6.        A person includes a corporate or unincorporated body.

1.7.        Writing or written includes faxes, but not email.

1.8.        Any obligation in these terms on a person not to do something includes an obligation not to agree or allow that thing to be done.

1.9.        Unless the context otherwise requires, (a) words in the singular shall include the plural and in the plural, shall include the singular and (b) a reference to one gender shall include a reference to the other genders.

1.10.     Any words following the terms “including”, “include”, “in particular” or “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 

2.         Basis of the Sale 

2.1.      The Supplier contracts on these terms only, and acceptance by the Supplier of any order from a Customer shall be upon these terms and shall override any other terms and conditions stipulated or incorporated by the Customer in its order or in any negotiations, or which are implied by trade, custom, practice or course of dealing.

2.2.      Variations or representations will only be binding on the Supplier if confirmed in writing by an authorised officer of the Supplier.

2.3.      Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.

2.4.      No contract for the sale of goods shall be concluded until the Supplier has issued an "Acknowledgement of Order".

2.5.     When ordering products for delivery outside of the EU, the Customer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer. The Supplier has no control over these charges. Customs policies vary widely from country to country, so the Customer should contact his or her local customs office for further information. Additionally, please note that when ordering, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the products are to be received. Customers’ privacy is important: international customers should to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

2.6.     The Supplier does not sell products for purchase by children. If the Supplier sells children's products, they are only for purchase by adults. If the would-be Customer is under 18, he or she may only place orders via a parent or guardian. 

3.         The Goods

3.1.     The Supplier reserves the right to make substitutions and modifications to the specifications of the Goods, provided, that this does not materially affect their performance. 

3.2.      Unless expressly indicated otherwise, the Supplier is not the manufacturer of the products sold on its website. While the Supplier aims to ensure that product information on its website is correct, actual product packaging and materials may contain different and/or more detailed information to that displayed on its website. All information about the products on the Supplier’s website is provided for information purposes only. The Supplier recommends that the Customer does not rely solely on the information presented on its website. Please always read labels, warnings and directions provided with the goods before use. 

3.3.      Orders can be placed through the website or by calling us on the number shown on the website. Once you have placed an order cancellation is NOT possible under the distance selling regulations due to the fluctuating nature of the precious metals market. We will pursue payment for all orders placed. 

4.          Price

4.1.     The price of the Goods is as stated on our website www.direct-bullion.com is inclusive of Value Added Tax at the appropriate rate.

4.2.      Where carriage, insurance, storage, or other charges are shown separately from the price of Goods, they are nevertheless payable by the Customer at the same time as if they form part of the price and shall be treated as such for the purposes of these terms.

4.3.     The Supplier shall invoice the Customer at delivery or afterwards. 

4.4.     Prices stated on the website are “live” and they will be fixed at the time you order for any values less than £25,000.00. The prices are based on the current trading price of gold and silver, which is shown on the website. Multiple orders placed at a similar time may be subject to changes in the price due to market fluctuations and stock availability decided during trading hours. We reserve the right to cancel any order even after payment received. Should an invoice be cancelled by us a full refund would be issued.

You may be asked for a small deposit. This deposit is non-refundable. For online orders, greater than £25,000.00 whether placed during or outside trading times (930am-630pm Monday to Friday and 10am-2pm Saturday) we will confirm the prices to you via an order confirmation, which will be sent in an email to you. You will be asked at that time to make payment. We respectfully request payment immediately but exceptions may be made on a case by case basis. Prices can also be fixed over the phone by speaking to our sales team directly. When placing an order over the phone a copy of the terms and conditions will be provided by email, we would expect a return email to confirm that you have read and accept them. Payment is possible by Credit and Debit card on the website for orders up to £30,000.00 (ID requirements apply). Other methods of payment are online bank transfer, bank transfer, and Cheque. Please note payment can only be accepted from accounts registered in your own name and payment via multiple individuals for one order is not permitted.

See Price promice terms  for term on the price promise - 

5.         Cancellation

5.1.     The right to cancel under Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000 does not apply because the price of all goods that we sell is dependent upon fluctuations in the financial markets that are beyond our control. In the event that you wish to cancel an order for an item which you have paid for prior to its coming into stock, in consequence of a price fluctuation, the cancellation charge will be 2.5% of the total order value, plus any consequential loss owing to the fluctuation in the price of the metal. We are happy to provide you with a refund or exchange in line with your rights as a consumer. However, if we feel the coins meet the standard as described then we will be unable to provide a refund for the cost of postage. If we do deem a product to be below standard we will happy provide you with an exchange or refund.

Due to the nature of the following products types we will not accept returns of, or provide refunds for; Bullion Coins, Bullion Coins Uncirculated, Proof Coins, Pre-Owned Coins or any coins with ‘milk spots’ unless the items are damaged to a point where they no longer contain the stated amount of precious metal.

We cannot be held responsible for the condition in which any mint provided packaging is received.

5.2.      In the event of cancellation in accordance with clause 5.1, the Supplier will reimburse all payments received from the Customer for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by the Supplier, no later than 14 days from the day on which the Supplier received the cancellation communication. The Customer will not be charged any fee for such reimbursement. The Supplier may delay reimbursement until it has received the goods back or evidence of the Customer’s having sent back the goods, whichever is the earliest. The Customer may be liable for a deduction from such full reimbursement if the value of the goods returned is diminished due to the handling of the goods by the Customer, e.g. for unnecessary damage to the packaging (except where it was necessary to establish the nature, characteristics and functioning of the goods).

5.3.     Except in accordance with the right of cancellation contained in clause 5.1, the Customer may not cancel the contract. It is made on the express condition that the Customer shall pay the Supplier a reasonable sum in respect of its loss arising out of such cancellation, unless otherwise agreed in writing, such amount to be confirmed as acceptable by the Customer before such cancellation shall take effect. This alternative right of cancellation is without prejudice to the Customer’s statutory rights.

6.         Payment 

6.1.      Payment shall be made when purchasing the Goods, but the Supplier reserves the right to require payment for the Goods prior to delivery or dispatch. 

7.         Delivery 

7.1.     The Supplier may deliver by instalments and may treat each delivery as a separate contract. 

7.2.      If a date is quoted for the Goods’ delivery, it is only an estimate. Time of delivery is not of the essence. The Supplier will have no liability for delays in delivery caused by either a Force Majeure Event or the failure of the Customer to give adequate delivery instructions or other relevant instructions to the Supplier. 

7.3.     You will be required to provide a delivery address at time of order. The delivery address MUST match the cardholder’s address which has been used to make online card payment. Under no circumstances can the goods be delivered to any other address when paid by card. Goods will then be dispatched to this address once payment has been verified. You will be responsible to ensure their safe receipt at the address provided. We are unable to accept any liability for packages that have been delivered to houses of multiple occupancy or work addresses, once the package has been signed for or confirmed as delivered by our couriers to that address. We do not deliver to PO Box addresses. We cannot be held responsible for delays to the postal system which may affect delivery of your goods, which are beyond our control. Ownership of goods passes to the customer once full payment is received and a signature has been accepted at the address provided by the client at the time of order. Failure to deliver an order on our part will result in a full refund of the original amount paid or goods as a replacement. No liability will be accepted by us for any price fluctuation in those circumstances. 

8.        Fraud Prevention and Requirement for ID 

8.1.     All personal information provided will be treated in accordance with the Data Protection Act of 1998.

On occasions customers will be required to provide certified proof of Identity. If this is the case we will require the following; A certified copy of the purchaser's photographic ID, and a copy of a recent utility bill (this is required irrespective of method of payment and cannot be a mobile phone bill).
This information may be requested for a number of reasons including:
To satisfy the anti-money laundering and fraud legislation that governs our industry,
To comply with our stringent internal security checks and to provide you with a safe and secure delivery.
When making a one-off purchase over £2,500 or for cumulative orders of over £10,000.
The information which you supply may be given to credit reference or fraud prevention agencies.

   9.        Buy Back Policy 

9.1.    Any items dispatched to us will only come into our possession once we have signed for the goods and this signature should NOT be viewed as acceptance of an offer or comprise acknowledgment on our part that the items within the package match their stated description. Only after we have weighed the parcel and opened it under date and time stamped video camera and further investigated and tested the goods, will we be able to confirm that the contents match their stated description. Only once we have confirmed the products weight and authenticity will we be in a position to accept your offer to sell the items. We may accept or decline any offer at our sole discretion.

           We reserve the right to report any attempted sale of counterfeit items and to retain such items if requested to do so by the police or by HM Revenue & Customs

10.      Warranties (sale of goods) 

10.1.  The Supplier warrants that on delivery, the Goods are, and for a period of 14 days after (“the Warranty Period”) they will remain (a) of satisfactory quality (within the meaning of the Sale of Goods Act 1979), (b) free from any material defect in design, workmanship and materials and (c) correspond with any agreed written specification, but the Supplier's liabilities under this warranty shall be limited to making available free of charge the labour and materials required to make good any such defects or (at the Supplier's option) replacing any defective Goods. The Supplier's liability under this warranty is also conditional upon the following and these terms shall apply to any repaired or replacement Goods supplied by the Supplier under this clause:

10.1.1 written notice of the defect being given to the Supplier within 24 hours after discovery of the same and in any event  within the Warranty Period.

10.1.2  the Goods having been properly installed, stored, and used by the Customer prior to the defect occurring;

10.1.3  the defect not arising due to the Customer’s failure to follow the Supplier's oral or written instructions as to the  storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

10.1.4  the defect not arising as a result of the Supplier following any drawing, design or specification supplied by the  Customer in the manufacture of the Goods;

10.1.5  the defect not arising as a result of fair wear and tear, wilful damage or negligence;

10.1.6  the Goods not having been subjected to any repair (without the Supplier’s consent), modification or abnormal or      improper use; and

10.1.7  the Goods having been returned at the Supplier's request, but at the Customer's expense, for inspection.

10.2.   The warranty contained in clause 10.1 is without prejudice to the Customer’s statutory rights.

11.       Limitation of Liability 

11.1.   Save as provided under the Unfair Contract Terms Act 1977 and notwithstanding the warranty contained in clause 10.1, the Supplier will not be responsible for (i) losses that were not caused by any breach on its part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both the Supplier and the Customer when the contract for the sale of goods was formed. 

11.2.   Nothing in these terms excludes or limits liability for (a) death or personal injury caused by the negligence or (b) fraudulent representations or (c) wilful misconduct in each case of or by the Supplier or any of its employees or agents. 

11.3.   The service provided by us will be exercised with reasonable skill and care and performed within a reasonable time and as described in these terms. We do not make any guarantees about the provision of our products and we do not provide financial advice. We cannot be held responsible for our products once ownership has been passed to the customer.

12.       Force Majeure 

12.1.   The Supplier shall bear no liability for loss, damage or delay howsoever arising by a Force Majeure Event, and in these circumstances, may suspend or cancel the whole or part of any delivery. The Supplier shall endeavour to notify the customer as quickly as reasonably possible if a Force Majeure Event occurs. 

12.2.   If the Force Majeure Event prevents the Supplier from providing any of the Goods for more than 4 weeks, either party shall, without limiting its other rights or remedies, have the right to terminate this contract immediately by giving written notice to the other party.

12.3.  This clause does not affect the Consumer’s right to have the products sent within a reasonable time. 

13.      Miscellaneous

13.1.   We endeavor to provide accurate product and pricing information, in the event that a pricing or descriptive error has occurred or any item is listed at the wrong price or with incorrect information, Direct Bullion shall have the right, at our sole discretion, to refuse or cancel any orders placed for an item that has been listed at the wrong price or with incorrect information. Prices and availability are subject to change without notice.

Any bar or coin being sold by a third party, stating to have been purchased from Direct Bullion, may not be relied upon as a genuine item. We don't guarantee the authenticity of any bar, coin, or another item, unless purchased and shipped directly from ourselves.

If you have any queries regarding these terms, please contact us on 0207 058 4653 or email us on info@direct-bullion.com 

13.2.   No waiver by the Supplier of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the contract. 

13.3.  The parties agree to be bound by these terms, which they consider to be reasonable.  If any clause of these terms is held by any Court or competent authority as invalid or unenforceable in whole or in part the validity of the remainder of these terms and of the remainder of the provisions in question shall not be affected thereby.

13.4.   The Customer shall not assign or transfer any contract to which these terms apply nor the benefit thereof to any person whatsoever. 

13.5.   These terms constitute the entire agreement and understanding of the parties and supersede any previous agreement or understanding between them relating to the subject matter of these terms. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier that is not set out in these terms. 

13.6.   Any notice given under these terms must be in writing and delivered to the recipient at the address of (a) in the case of the Supplier, its registered office, or its principal place of business and (b) in the case of the Customer, his or her last known residential address, or at such other address as has been notified to the sender previously in writing for the purpose of this clause.

A notice given under these terms shall be validly served if sent by email.

A person who is not a party to these terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

These terms shall be governed by and construed in accordance with the laws of England and each of the parties hereto submits to the authority of the English Courts as regards any claim or matter arising under these terms.