Terms of Sale
TERMS OF SALE
Last updated: January, 2020
The present terms of sale (the “Terms of Sale”) govern the online sale of platinum bars that can be minted and designed into wearable jewelry (the “Product(s)” by 1.1 Lucky Metal Limited, a company incorporated in England and Wales with registration number 11352713 and registered office at 6th Floor, Charles House, 108-110 Finchley Road, London, NW3 5JJ, UK (the “Company”, “we”, “our,” or “us”).
1.2 By your use of www.luckymetal.com (the “Site”) and/or or placing an order via the Site to purchase minted, wearable and limited precious metal jewelry that is sold against the spot price of precious metal (the “Product(s)”), and have them minted with a limited product number and/or designed into wearable jewelry with counterfeit-proof markings (the “Services”), you agree to the Terms of Sale. Please read them carefully. If you do not agree to any terms in the Terms of Sale, please do not use the Site and/or Services.
1.3 The headings used in these Terms of Sale are included for convenience only and will not limit or otherwise affect these Terms of Sale.
2.1 The live prices and currencies of the precious metals and the prices for the Products as can be viewed on the Site are exclusive of taxes (Value Added Tax and other taxes applicable on the date of the order), unless otherwise indicated. As with any commodity, the prices may fluctuate frequently. 2.2 For orders to countries outside of the country from where the Products are shipped, you are the importer of the Products concerned and customs duties or other local taxes, including but not limited to VAT, or import duties or state rights may be applicable. These rights and sums are not within the purview of the Company. They will be at your expense and are your responsibility both in terms of declaration and payments to the relevant authorities.
2.3 The prices are set in GBP and we only accept GBP, therefore, if your card is linked to a different currency, the payments will automatically be converted to GBP by your card issuer. The Company reserves the right to change prices at any time but the Products will be charged on the basis of current market place rates at the time of confirmation of the order and subject to availability and such prices are accepted by you. The Products remain the property of the Company until the Company has received full payment.
3.1 Each Product shall be minted separately, bear a limited product number on it and will be packaged using tamper-proof technology with barcoded numbering. You may also choose to have the Product designed into wearable jewelry with counterfeit-proof markings. Along with the Product delivery, you will receive from us a certificate of authenticity inside the package.
3.2 You can place purchase orders for the Products via the Site for which you will receive an email confirmation for the order placed, prior to validation of the payment. We reserve the right not to accept payment, and not to confirm an order for any reason, including, but not limited to, in the event of supply problems. If the transaction is not approved for any reason, you will receive an email notification as such and can try to place the purchase order again.
3.3 You represent and warrant that your use of the Services is permitted under the applicable laws of jurisdiction and you agree to indemnify and hold us harmless if your use of the Services is in violation of any applicable law or in our sole discretion, otherwise unsuitable. You further warrant that you have reached the legal age in your jurisdiction and in no event are younger than 18 years old, and that you can make a purchase of the products and/or receive any of Our Services.
3.4 You shall not use the Site and/or Services in any way that could: (a) infringe ours and/or any third party’s intellectual property rights; (b) copy or resemble our and/or any third party’s property in whole or in part; or (c) disparage us and/or any third party or otherwise damage our and/or any third party’s goodwill or reputation in any way.
4.1 Any purchase order made via the Site implies acceptance of the Terms of Sale, without any exception or reservation.
4.2 YOU SHALL NOT ABUSE THE SITE AND/OR THE SERVICES FOR ANY PURPOSES INCLUDING, BUT NOT LIMITED TO, FOR THE PURPOSE OF MONEY LAUNDERING. WE RESERVE THE RIGHT TO REFUSE TO DO BUSINESS WITH, TO DISCONTINUE TO DO BUSINESS WITH, AND TO REVERSE THE TRANSACTIONS OF, ANYONE WHO DOES NOT ACCEPT OR CONFORM TO ANTI MONEY LAUNDERING LEGISLATION AND/OR POLICIES.
The act of validating your order means your obligation to pay the quoted price. The payment of your purchases can be made by credit card or debit card, subject to the availability of that payment method in connection with your order. You understand that your credit card information will be verified in accordance with clearing and banking regulations, and upon receipt of the payment confirmation, a notice will be sent to your email. We will also update you after the Product is shipped.
Our Products are offered as they appear on the Site and in the available storage. For Products not stocked, our offers are valid subject to availability from our suppliers. In case of unavailability of a Product and/or the minting of a Platinum Bar after placing your order, we will notify you by email. Your order will be cancelled and no payment will be made. Furthermore, we reserve the right to refuse orders exceeding a certain number of items.
The Products will be delivered to the shipping address provided during the Account registration and order process, within the time specified on the order confirmation page. You will assume all responsibility in ascertaining that your country of receipt will be able to receive shipment and delivery of the products, and we will not be held liable for any and/or all matters and/or policies concerning the shipment and/or delivery of the Products to any country. We do not guarantee any time limit for you to receive the Products and you acknowledge that the shipment and delivery may extend to a longer period of time due to reasons beyond our control. We will not be held responsible for late delivery due to your unavailability. In addition, you alone are obligated to calculate and pay any and/or all additional charges which may be applicable to you or otherwise arising as a result of you receiving the Products.
8.1 We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any internet or telephone network or lines, computer on-line systems, servers or providers, computer equipment, availability, software failure of email on account of technical problems or traffic congestion on the internet. We shall not be responsible or liable in the event of systems or communications errors, bugs or viruses relating to the Site and/or the Services or which will result in damage to the any hardware and/or software. We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party with respect to the Website and/or the Services.
8.2 In no event will we be liable towards you and/or any third party for any special, direct, indirect, incidental, punitive, special or consequential damages, including damages for loss of profits, business, revenue, economic advantage, data, equipment or network downtime, regardless of whether we were made aware of the possibility of the occurrence of such damages. Without derogating from the above, the maximum liability of us to you is limited to the funds paid by you in connection with the Services about which you seek damages, provided that you return the Products to us in their original condition and complete (including, but not limited to, packaging, accessories, manual).
8.3 The Site and/or Services and/or the Products are provided “as is”, and we make no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non-infringement of third parties’ rights or of applicable laws and regulation, or that the Site and/or the Services will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of the Site and/or the Services.
8.4 For the avoidance of doubt, it is hereby clarified that once the sale is concluded, the risk of loss or damage of the Products are transferred to you.
You will indemnify and hold us and our directors, officers, shareholders, employees, advisors, contractors, subsidiaries and affiliates harmless against all direct and indirect claims, liabilities, damages, losses, obligations, injuries, penalties, claims, suits, actions, disbursements, costs, legal fees and expenses (whether actual or contingent) arising from (i) your breach of these Terms of Sale, (ii) any of your acts or omissions in connection with these Terms of Sale, and/or (iii) any legal proceedings initiated by or on behalf any third party against us as a result of or in connection with your acts or omissions in regard to these Terms of Sale.
We archive purchase orders and invoices on a reliable and durable system as a true copy. The records that we keep will be considered by all parties as proof of communications, orders, payments and transactions between the parties.
These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of us, to the exclusive jurisdiction of the courts of London for the settlement of any claim, dispute or matter arising out of or concerning the Terms of Sale or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.