Terms and conditions

§ 1 General information

The offer to purchase silver bars is intended for individuals and legal entities wishing to purchase precious metals.

The owner of the website (hereinafter referred to as the "Company") is Tradercompany Ltd with its registered office at 21 Navigation Business Village, Navigation Way, Ashton-On-Ribble, Preston, Lancashire, England, PR2 2YP. The data controller for the territory of the EU is Growth & Value Ltd with its registered office at: ul. Duninowska 9, 87-800 Włocławek, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Toruń.

 

 

§ 2 Definitions

“Metal” - means silver in bars of various sizes. Each bar is individually marked, i.e. has its own serial number, manufacturer's logo and weight expressed in ounces (tr oz.). 1 tr oz = 31.1035 g.

The silver is stored in a bonded warehouse operated by LOOMIS SCHWEIZ AG in Switzerland at CH-8302 Zurich-Kloten, Steinackerstrasse 49, hereinafter: LOOMIS.

"Customer" - any natural person with legal capacity, a legal person or an organisational unit which is not a legal person and to which special regulations grant legal capacity, who respectively purchases or intends to purchase goods through the Company.

"Service", is the transfer of ownership rights to the Metal and the Metal itself between LOOMIS users against payment. The Company does not provide guidance on price performance. Any opinions or information provided by the Company regarding any market dynamics, including but not limited to price, possible investment performance or trading conditions, disclosed to the Customer are the individual opinions of the Company's authorities and shall not be construed as advice in any respect.

"Contract" means, as the case may be, any agreement that exists between the Company and the Client in connection with the provision of any of the Services. For the avoidance of doubt, each transaction entered into with the Client will be deemed to give rise to a separate Contract.

 

 

§ 3 Payments

1. Transactions shall be settled by bank transfer in CHF, PLN, USD or EUR.

2. Invoices will be sent on the basis of electronic data sent by the Customer.

3. Customers' personal data will be forwarded to intermediaries solely for the purpose of proper service provision.

4. The price remains fixed at the conclusion of the Contract. The detailed price conditions will be presented to the Customer by the Company at the time of the Customer's request to purchase Metal.

5. The price of Metal is blocked on the condition that 100% of the Metal is paid within 2 working days of the conclusion of the sales contract.

6. The sales price shall also include the costs of the Company's storage of the sale object in the warehouse maintained by LOOMIS until the transfer of possession of the silver to the Customer, but no longer than 21 (twenty one) days from the conclusion of this Agreement.

7. The Customer shall, within 21 (twenty one) days of the conclusion of the Contract, notify the Company's electronic correspondence address of the number of the contract concluded with LOOMIS for the storage of the silver. Upon the ineffective expiry of this period, the Company shall have the right to charge the Customer with the costs of silver storage in accordance with the price list of LOOMIS. The Customer undertakes to pay the silver storage charges.

8. The Company agrees to submit a statement (instruction) to LOOMIS, using the form and procedure applicable in LOOMIS, to release the silver being the subject of this Agreement to the Customer within 24 (twenty-four) working hours from the time of receipt of information on the contract number referred to in §3 Section 7. The working hours are considered to be the working hours of the LOOMIS warehouse from 8:00 a.m. to 4:00 p.m. on all working days except Saturdays and Sundays.

9. The Customer declares that the money for payment for Metal comes from disclosed and taxable sources of income.

10. the Client and the Company declare that this transaction is not related to money laundering as well as supporting terrorism in the meaning of the AML Directive.

11. the Client wishing to use the services of the Company declares that:

a. Is at least 18 years of age,

b. Has full legal capacity,

c. Is and will comply with the laws in force in the territory of the country from which he/she places the order or from which he/she accesses the Service,

d. Is fully and solely responsible for obtaining all authorisations and consents required to conclude the Contract, including having or being in the process of setting up an account with LOOMIS.

 

 

§ 4 Liability

1. The Company shall be liable for the storage of the metal within the deadlines specified in § 3 (7) and for its release in accordance with the deadlines applicable in § 3 (8).

2. The Company shall not be liable for errors and violations caused by third parties, such as LOOMIS.

3. The Customer shall be solely responsible with regard to the purchase of Metals, the settlement of taxes, obtaining the necessary licences to conduct the respective business and any other activities and circumstances related to the purchase of Metals.

The information provided by the Company regarding the Metals is the private opinion of the Company's authorities and does not constitute an investment recommendation within the meaning of the Regulation of the European Parliament and of the Council (EU) No 596/2014 of 16 April 2014 on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC.

Neither the Company nor its management performs investment advisory functions or activities.

The Company is not responsible for investment decisions or for any losses incurred as a result of investment decisions made on the basis of information provided as part of the Service.

The Company does not purport to solicit the purchase or sale of any financial instruments and does not constitute any guarantee that any particular strategy, forecast or price projection is correct.

When using the Service, you should not refrain from conducting an independent assessment and taking into account risk factors other than those presented associated with a particular financial instrument.

All investment decisions are made by the Client individually, for their own account and responsibility. Before entering into any transaction, each Client should individually determine its potential risks, possible benefits and losses associated with it, as well as its nature, legal, tax and accounting consequences.

The Company shall not withhold any information in its possession, the lack of which may cause damage to the Client's property. The opinions presented on the Website refer to the future and to objectively uncertain situations.

The Company reserves the right to request additional information regarding identity verification if it deems it necessary or appropriate to fulfil its obligations to the Client or the institutions involved in the Service.

 

 

§ 5 Complaints and withdrawal from the contract

1. Given that the Price will be determined by the quotation of silver on a commodity exchange over which the Company has no control and this Contract is entered into remotely, the Buyer shall not be entitled to rescind this Contract.

2. The Company will use its reasonable endeavours to resolve any issues raised by the Customer, but any delay in communicating such dispute or issue may prevent or diminish the value of resolving such issue.

 

 

§ 6 Copyright

The content on the Company's website is the sole property of the author, copying, distributing, making available to third parties is prohibited.

 

 

§ 7 Reservations

The Company reserves the right, in its sole discretion, to refuse to process orders from any person who, under the laws of any jurisdiction, may not be able to transact the Services or who, in the Company's opinion, the Company cannot provide its Services to under the laws of that jurisdiction, regardless of whether such right or impediment actually exists, is enforceable or otherwise has extraterritorial effect.

Failure to comply with the Terms and Conditions may result in the invalidity of the Service.

 

 

§ 8 Final provisions

1. The Company shall be entitled to amend the Terms and Conditions in the following cases:

a) changes in the provisions of the law having a direct impact on the content of the Regulations,

b) imposition of certain obligations by state authorities,

c) changes in the price list,

d) improvement of the operation of the Service and the service of Users,

e) improvement of User privacy protection,

f) changes in the privacy policy,

g) prevention of abuse,

h) security considerations,

i) technological and functional changes,

j) changes to the services provided, including the introduction of new services,

k) editorial changes.

The change shall become effective within the period indicated by the Company, not shorter than 15 days from the moment of notifying the Users about the changes and making the changed Rules and Regulations available to them, in particular by publishing them on the website safesilver.ch and sending them to the e-mail address assigned to the Account of a given User.

The Company may amend the Regulations without observing the 15-day period referred to above, including with immediate effect, in the event that:

(I) it is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner that prevents it from complying with the aforementioned 15-day notification period,

(II) must, by way of exception, amend the Terms and Conditions to address an unforeseen and imminent threat related to the protection of the Online Intermediary Services, Users from fraud, malware, spam, data breaches or other cyber security threats.

2. If the User does not accept the planned changes to the Terms and Conditions, in order to terminate the contract with the Company, the User shall notify the Company immediately, no later than within 15 days of the announcement of the changes. The User's termination of the agreement with the Company concerning the Account indicated by him/her in the aforementioned manner shall take effect after the lapse of 15 days from the notice of changes to the Rules and Regulations.

3. The provisions of Article 8.1 c) f) and i) shall not apply to consumers and the Company shall not amend agreements concluded with consumers based on them.

The Client is not allowed to use the Company's services for any illegal activities.

As the price of precious metals depends on price movements in the financial market, which the Company cannot control, the Client does not have the right to cancel orders placed and Contracts entered into on the Service. However, where possible, the Company will make reasonable efforts to assist the Customer to cancel orders. Customers who wish to cancel an order to purchase Metal should immediately contact a Company representative by email at: contact@safesilver.ch to see if it is possible to cancel such order.

The Company has the right to cancel the order, while returning all funds received from the Customer transferred under the Contract.

The risk for the Metal shall pass to the Customer when the Metal is transferred to the Customer's pallet by LOOMIS.

 

 

Protection of Personal Data

In connection with the application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC as from 25 May 2018, we would like to inform you that from 25 May 2018 you will have the rights set out below in connection with the processing of personal data by the Company.

At the same time, we inform you that from 25 May 2018, the following information and principles related to the processing of personal data will be up-to-date. personal data will be processed:

a) in order to provide services electronically,

b) for the purpose of targeting marketing content in the manner for which consent has been given,

c) for the purposes of complying with legal obligations, on the basis of generally applicable legislation,

d) for analytical and statistical purposes,

e) for the fulfilment of the Company's legitimate interests

The Company will not transfer Customers' personal data to third countries.

Any consent given can be withdrawn at any time. The withdrawal of consent does not affect the lawfulness of the processing carried out before its withdrawal. There is a right to access, rectify, erase or restrict the processing of your personal data, to lodge a complaint with a supervisory authority for the protection of personal data. There is a right to data portability, which includes the right to receive your data and send it to another controller.

Provision of personal data is voluntary, however, it is necessary in order to provide services electronically or to conclude and perform sales contracts. The consequence of failing to provide the required personal data is the impossibility to provide services electronically.