GOLD CAPITAL

CUSTOMER TERMS AND CONDITIONS

1. ABOUT US AND THESE TERMS

1.1           “we”, “us” or “our” means Gold Capital Limited, a company registered in England and Wales under company number 14164883. Our registered office is at Level 1, Devonshire House, One Mayfair Place, Mayfair W1J 8AJ. We trade under the name Gold Capital; and

“you” or “your” means the person who buys goods from us or sells goods to us under these terms.

1.2           These terms and conditions (“Terms”) apply when you buy or sell any goods with us.

1.3           You must be at least 18 years old and a resident of the UK to place an order with us, or to sell any goods to us.

1.4           Please read these Terms carefully before you place any orders, as they set out important information about your and our rights and obligations. You must agree to these Terms before you buy or sell goods with us.

Summary of some of your key rights:

2. PLEASE NOTE

2.1           We draw your attention to the fact that you have no right to cancel an order for precious metals from us. Further information is set out at clause 14 below (‘Cancellation Rights’).

2.2           We do not provide financial, tax or investment advice, either generally or within the meaning of the Regulated Activities Order 2001 as amended, and are not authorised or regulated by the Financial Conduct Authority, the UK financial services regulator.  We cannot provide advice on any potential tax implications of purchasing goods from us, nor on any investment strategy.  You must seek or rely on your own, independent, financial, tax and/or accounting advisors in respect of these matters.

2.3           You acknowledge that the value of your precious metal goods will fluctuate and you may not be able to sell any products for a higher price than the price for which you purchased them from us.

3. HOW TO CONTACT US

You can contact us by calling us on 0203 834 3214, by sending an email to info@gold-capital.co.uk or by writing to us at Gold Capital, Level 1, Devonshire House, One Mayfair Place, Mayfair W1J 8AJ.

4. YOUR INFORMATION

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://www.gold-capital.co.uk/privacy-policy/, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

5. PLACING AN ORDER

5.1           You can make an enquiry about our products by calling us on 0203 834 3214, by contacting us via our website https://www.gold-capital.co.uk or via our other online channels. We will send you by email or by post all the information required to place an order based on your enquiry, including the detail of the specific products and prices, any document requirements (see ‘Money Laundering and ID Requirements’ below) and any estimated dispatch and delivery dates or periods.

5.2           When you place an order you are making an offer to buy from us the goods you have specified, at the price we have communicated for those goods. At this stage there is not a binding contract between you and us.

5.3           We will contact you via the contact details you provide to confirm that where relevant any ID checks have been passed (see ‘Money Laundering and ID Requirements’ below), that payment has been taken and that your order is confirmed. This communication will be our acceptance of your order. At the time the order acceptance communication is sent by us (which may be different to the time you receive it) there will be a binding contract between you and us.

5.4           If we do not accept your order, for example because we have been unable to pre-authorise payment, the goods are unavailable, you are under 18, you are not resident in the UK, or there has been a mistake regarding the description of the goods, we will contact you using the details you provided when you placed your order. We have the right to reject any order for any reason and we will notify you via the contact details you have provided if your order is not accepted. If we reject your order we will not take payment (or will refund any payments we have received) and we will not send you the goods you requested to order.

6. PRICE OF GOODS

6.1           Prices for our goods are set out on our website, or communicated over the phone, by email or by post. All prices are in pounds sterling (£)(GBP) and exclude delivery charges. The prices displayed are subject to change based on the fluctuating price of metals. The actual price of the goods, information on delivery options and their costs will be communicated before we confirm your order.

6.2           Prices for our goods and delivery charges may change at any time. Except as set out in clause 6.3 below, such changes will not affect existing orders.

6.3           If there has been an error on the website or as otherwise communicated to you regarding the pricing of any of our goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order.  We will give you the option to re‑confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by the contact details we have for you. We will not take payment, or will refund payment, for any cancelled orders and we will not send you any goods for which we have not received the full and correct payment.

7. AVAILABILITY

All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain goods. If any goods are not available and this affects your order, we will notify you using the contact details you have given us, we will cancel your order and we will not take payment, or will provide you with a full refund if payment has already been taken.

8. MAKING CHANGES TO YOUR ORDER

If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your order. We will endeavour to accommodate any changes communicated promptly but we cannot guarantee that this will be possible. Where making a change would incur a cost to you, we will notify you and get your confirmation as to how you want to proceed.

9. PRODUCT DESCRIPTIONS

9.1           Descriptions of our goods are set out on our website.

9.2           Please read the product description carefully. Pictures and images of the goods or their packaging on our website and in our brochure are for illustration purposes only.  Your goods and their packaging may vary slightly from those pictures or images.

10. PAYMENT

10.1         We accept payment by credit/debit card, bank transfer or cheque.

10.2         For card payments, you can make your payment over the telephone or online via the link we provide. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you using the contact details you provided us. We will not send you any goods for which we have not successfully taken payment from you.

10.3         For payment by bank transfer, please send funds to the bank account detailed on your order confirmation.  We only accept payments from accounts held in your name.  All bank transfer payments must be received within the timeframe set out in your order confirmation. If the transfer is not received within this timeframe, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you using the contact details you provided us. We will not send you any goods for which we have not successfully taken payment from you.

10.4         For payment by cheque, please send your cheque with your order forms. We only accept cheques linked to an account held (solely or jointly) in your name. We will take payment when your order is ready for dispatch but it may be necessary to take payment prior to dispatch, such as where the precious metal needs to be graded. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you using the contact details you provided us. We will not send you any goods for which we have not successfully taken payment from you.

11. MONEY LAUNDERING AND ID REQUIREMENTS

11.1         We may require proof of identity from you in order for us to comply with certain laws and regulations.  We will always require proof of identity for orders over £5,000. If you do not supply the documents we require for our compliance purposes on our request, we will have the right to cancel your order. We will not take payment, or will refund payment, for any order we cancel and we will not send you the goods. 

11.2         As standard we require one form of photographic ID (passport/driving licence) and one form of proof of address (utility bill/bank statement dated within 3 months).

11.3         We will input your details through an online ID verification system that will verify your identity. The information you give for this purpose will be processed in accordance with the provider’s privacy policy.

12. DELIVERY

12.1         We will deliver your order to the address specified by you when you placed your order. 

12.2         Please examine (or arrange to be examined) the goods as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.

12.3         Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the goods passes to you and the goods are classed as having been ‘delivered’.  This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered.  This does not affect your legal rights if the goods are faulty or misdescribed (see ‘Faulty Goods’ below).  Ownership of the goods passes to you once you have paid for them in full.

12.4         We will inform you of the delivery options available to you and any associated costs for delivery of your chosen products before you place your order.

12.5         Your order will be delivered on the selected delivery date or within the delivery period communicated to you, depending on the delivery option chosen by you when you placed your order.

12.6         Any delivery dates stated during the order process, or in your order acknowledgment or dispatch confirmation emails, are estimates only, unless we have agreed a specific delivery date with you.

12.7         We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you.  If your delivery is delayed, we will email you to let you know as soon as reasonably possible.  However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

13. STORAGE

We do not offer storage services. We encourage all customers to receive their goods at home and to store their goods safely in a secure storage device, or to organise for the storage of the goods at an independent storage facility.

14. CANCELLATION RIGHTS

14.1         You do not have a statutory right to cancel an order for precious metals from us, due to the fluctuation in prices of precious metals (as set out in Section 28 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

14.2         We do not accept cancellations of orders or returns of goods, unless the goods are faulty or misdescribed (see ‘Faulty Goods’ below) or we have offered to buy back the goods on the terms set out below (see ‘Buy Back – Selling Precious Metals Back To Us’ below).

15. FAULTY GOODS

15.1         The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.  We are under a legal duty to supply goods that conform with our contract with you.

15.2         If the product you receive is faulty and you inform us of this as soon as reasonably possible following receipt (within 30 days of delivery) then you are entitled to a full refund for that product. Alternatively, at any time within 6 months of delivery (or longer if you can prove the fault was present at the time of delivery), if the product is faulty then you can ask for a replacement. We will confirm with you how the faulty product(s) should be returned to us in this instance.

16. BUY BACK – SELLING PRECIOUS METALS BACK TO US

16.1         Contract

16.1.1    You can contact us via our contact details above to offer us the opportunity to buy back the goods you have purchased from us. We are not obliged to accept any request to buy back goods from you.

16.1.2    Following your request we will inform you whether we would like to buy back the goods and the price we would pay subject to the goods meeting the expected standard. This does not mean that your request has been accepted by us.

16.1.3    We will contact you to let you know once we have received and inspected your goods. Acceptance of your request to sell the goods to us takes place when we receive your goods in the condition expected, at which point a legally binding contract is formed between you and us on these Terms.  If the goods do not meet the expected standard, we will communicate our revised price offer for you to confirm your acceptance.

16.1.4    We have the right to reject any buy back request for any reason.  If we do not accept your buy back request, or you do not accept our buy back price, then if we have received your goods we will return them to you at the address you provided and we will not pay you for your goods.

16.2         Prices

16.2.1    The value of your precious metal goods will fluctuate and may be lower than the price for which you purchased them from us. We will confirm the prices we will pay for your goods on acceptance of your offer. We will send you confirmation of the offer price by email or letter to the contact details you provide.  The price we will pay is subject to receiving the goods as expected in the condition communicated.

16.3         Packaging and delivery 

16.3.1    Please send the goods we have agreed to buy back to the address that we confirm to you when we communicate our buy back offer.

16.3.2    You are responsible for ensuring the goods arrive at our premises and arrive in good condition. Please use suitable protective packaging. We recommend using an insured delivery service. We will not be responsible for buy back goods which do not arrive at our premises or arrive damaged.

16.4         Payment

16.4.1    We will inspect any goods received at our premises.  Subject to the goods being received as expected, in terms of quantity, quality or otherwise, we will send you payment to the payment details you provide to us. If we need to revise our price offer, we will send you payment once we confirm this with you.

17. EVENTS BEYOND OUR CONTROL

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

18. OUR LIABILITY TO YOU

18.1         Except for any legal responsibility that we cannot exclude in law (including for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any other liability that the law does not allow us to exclude or limit) or any legal responsibility we have in relation to the protection of your personal information, we are not legally responsible for any:

18.1.1    losses that were not foreseeable to you and us when the contract was formed;

18.1.2    losses that were not caused by any breach on our part;

18.1.3    business losses; or

18.1.4    losses to non-consumers.

19. THIRD PARTY RIGHTS

No one other than you or us as has any right to enforce any of these Terms.

20. COMPLAINTS

If you are unhappy with us or the goods you ordered, please contact us via our contact details set out at the start of these Terms (see ‘How to contact us’ above). If we cannot resolve your complaint or you are unhappy with the outcome, you may want to submit your complaint for Alternative Dispute Resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.

21. GOVERNING LAW AND JURISDICTION

21.1         The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will also have legal protections under the laws of that country.

21.2         Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.