Jewellers Trade Services Partners, London
Terms and conditions of business, delivery and payment for use in business dealings with consumers
- The following Terms and Conditions apply to all deliveries, services rendered and quotations on our part in legal commerce with consumers (hereafter called “Customer”).
Consumers, in the sense of these Terms and Conditions, are individuals with whom there is a business connection but are neither commercially active nor self-employed.
- When placing the order and, at the latest, with the acceptance of our service and/or delivery, the Customer accepts these Terms and Conditions. Any acknowledgement of the validity of the terms and conditions of the contractual partner is herewith contradicted. These Terms and Conditions may not be varied or waived except with our express written agreement.
- We store the contract’s content and will send you the details of your order as well as our general terms via e-mail. The general terms you can find here at all times. The details about your recent orders you will find in your customer login.
2. Quotation and Conclusion of the Contract and Prices
- Our quotations are subject to change and are non-binding. These Terms and Conditions come into power when received together with the confirmation of order in the case of an advanced payment and otherwise on delivery of the invoice to the Customer.
- The valid prices are those prices in EUR/GBP/USD incl. the respective compulsory value added tax valid on the date of contract closure.
- If you buy out of Germany we hereby inform you that according to German Civil Code º 312d clause 4 No.6 there is no right of withdrawal for distant selling contracts for the delivery of goods of which the prices are subject to fluctuation on the financial market, on which the entrepreneur has no influence, which can occur within the normal cancellation period.
- Should the order be placed electronically, we will immediately confirm the receipt of order. This receipt of order does not constitute a binding acceptance of the order. The receipt of order may, however, be in the form of an acceptance of order or invoice.
- If the Customer is based in the United Kingdom and places one single order of over 5,000GBP worth of gold, or his orders exceed 10,000GBP in the course of a year (12 month period), then the Customer has to supply JTS Partners/CoinInvestDirect with proof of ID and address in order to comply with HM Customs and Excise legislation. JTS Partners must retain a certified copy of the Customer's passport and a certified copy of his utility bill, issued less than three months before the date the Customer is providing JTS Partners with the documents. JTS Partners do not pass on any of this information to any third party apart from HM Customs and Excise should they wish to check it. Unless the requested certified documents are received JTS Partners do not accept orders beyond these limits.
3. Delivery, Passing of Risk
- The agreement of binding delivery dates must be in writing.
- If the Customer is a consumer, the risk of the coincidental demise and decline of the article of sale during dispatch is passed over at the time of delivery.
The transfer is considered complete even if the customer defaults acceptance.
4. Terms of Payment, Default, Counter-claims
- The invoiced value is due in full immediately upon receipt of the invoice. Should the Customer not pay within three bank clearing-days after the due date, he is in default of payment without a reminder. Payment is to be made by bank transfer only. There is no option to pay by credit or debit card.
The customer must pay an interest rate of 5% above basic interest rate on arrears.
- The right to retain payment by the Customer is excluded in that the right of retention has no bearing on the said contractual relationship.
The Customer is entitled to the right to offset only in the case that a valid counter claim has been ascertained, is indisputable and has been approved by us.
- If the Customer fails to pay within the given period of time, we reserve the right to charge the Customer for the costs of debt collection
5. Reservation of proprietary rights
- The delivered goods remain our property until payment in full of said invoice and other existing outstanding payments have been completed.
- The Customer is obliged to inform us immediately in the case of a levy of execution, miscellaneous damages, the loss or change of ownership pertaining to the delivery item.
We reserve the right to terminate this Agreement and demand the return of the delivery item in particular upon any breach by the Customer in payment of undisputed amounts or any breach of the named obligations in accordance with this Agreement.
- Initially the Customer has the choice whether supplementary performance should be effected via a rectification of defects or a replacement delivery. However, we reserve the right to refuse this choice should the entailed costs be too high and the alternative supplementary performance causes the Customer no significant disadvantages.
- Should the supplementary performance fail, the Contracting Party may, ir- respective of further claims of compensation, withdraw from the Agreement or reduce the payment demand. However, in the case of minor defects the Customer has no right to withdraw.
- Should the Customer choose to withdraw from the Agreement after a failed supplementary performance, he forfeits his right to any claim of compensation for the defect.
- Should the Customer claim compensation after a failed supplementary performance, the object of agreement remains with him in as far as it is reasonable. The compensation is limited to the difference between the purchase price and the value of the faultless object. This is not valid if we have caused a malicious breach of agreement.
- The Customer must inform us in writing within a period of three days after establishing that the condition of the delivery item is contrary to contract, of the evident defects. Material to ensuring this period is the receipt of the information. Should the Customer neglect to give this written information, the right of warranty expires two months after establishing the defect. This is not valid in the case of maliciousness on our part. The burden of proof as to the point of defect-establishment rests on the Customer.
7. Limitation of Liability, Compensation Claims
- Claims for compensation and reimbursement of expenses on the part of the Customer, whatever the cause in law, in particular the injury of responsibilities pertaining to the contractual obligation and unauthorized activity, are excluded.
- This is not valid unless liability is compulsory e.g. according to Product Liability Law, in cases of intent, an act of gross negligence, injury of life, body or health, due to a breach of the constitutive responsibilities according to the Agreement.
A change in the burden of proof to the disadvantage of the Customer is not adjunctive to the preceding regulations.
8. Final Clause
- This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
- If any part of these conditions shall be found to be unlawful, void or unenforceable it shall not affect the validity or enforceability of the remainder of the conditions.
The contract can be concluded in either German or English.