GoldGiant terms and conditions for GoldPacks
These terms and conditions will be applied in the following way to all GoldPacks from GoldGiant as well as to all scrap gold purchases done by GoldGiant.
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1. The Buyer
The buyer operates under the company name GoldGiant (or any other related local entity, hereinafter all jointly referred to as "GoldGiant"). GoldAdam buys scrap gold in various forms (gold plates, coins, rings and other jewelry) through different marketing channels.
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2. Definitions
In this document, the Customer refers to the entity that has made an agreement on a sale, receives the agreed sum for the sale, and is the owner of the objects that are sold to GoldGiant. The Customer receives a personal customer identification number and their information will be stored into GoldGiant's database.
GoldGiant purchases items of scrap gold (hereinafter referred to as "Item" or "Items") from either juridical or natural persons (hereinafter referred to as "Customer" or "Customers") following the terms and conditions stated in the sales contract.
The Gold Contract signifies the sales contract, which the Customer fills in, agrees to comply with, and signs when selling gold through GoldPacks. The Gold Contract covers all the terms and conditions between the two parties, unless otherwise agreed on in writing.
The Items refer to those items, which the Customer brings to GoldGiant to be evaluated in order to carry out a sale. The Items are considered as scrap gold if they do not have any numismatic value or value as handcrafts or collectibles.
In this contract gold refers to the amount of pure gold in an Item after all stones, metals and other parts that are not gold have been removed from it. The value of all gold is thus based on the weight and the concentration of the gold.
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3. The Customer
In order to make a Gold Contract with GoldGiant, the Customer must be at least 18-years old and have the legal capacity to complete the sale. The Customer must be the legal owner of the Item(s) and Customer must have the right to transfer the ownership of and all the rights to the Item(s) to GoldGiant.
The Customer must have a local social security number in the country of sales and they must be registered into the local population registers and have a permanent address in the country.
By signing the sales contract, the Customer guarantees that they are the rightful owner of the sold items and that they meet the above-mentioned conditions that apply to the Customer.
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4. Sales process
GoldGiant and the Customer shall draw up an agreement (Gold Contract) on the sales of gold so that the Customer fills in the preprinted Gold Contract. The Customer must fill in the information required by the contract.
The agreement is binding for both parties after the Customer has returned the signed Gold Contract to the representative of GoldGiant and after the representative has received both the Gold Contract and the Items traded between GoldGiant and the Customer. After this, the contract is binding for both parties. Neither party has the right to terminate the contract that has been made.
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5. Purchase price and payment
GoldGiant will evaluate the amount and the purity of the gold brought by the Customer and offer a price for the Items. Only the weight of gold is considered in the total weight, which is why all non-gold parts (such as stones and metals) will be removed from the Items before they are weighed.
Removing non-gold parts from the Item(s) may cause damage to the Item(s). GoldGiant does not assume responsibility for any potential damage caused to the Item(s) or the Customer. The removed parts of the Item(s) are considered as the property of GoldGiant.
The non-gold parts may break or be lost during their removal. The gold concentration of the Item is determined by one of GoldGiant's experts. The weight of Items filled with resin or another filler is reduced by 25-35%, depending on the size of the Item. The reduced weight corresponds to the amount of filler in relation to the Item's total weight.
Payments are done via bank transfer to the account number indicated by the Customer in the Customers Gold Contract. The account number must be indicated in the Gold Contract and it must be a bank account owned by the Customer. GoldGiant does not assume responsibility for the consequences of those bank transfers for which the Customer has indicated a false account number or an account number other than their own.
GoldGiant will pay the Customer for the Item(s) within one week from the day that they have received and purchased the Customer's Item(s). Payment in this context refers to the moment when the payment is transferred from GoldGiant to the Customer. During this process, the purchase price is automatically sent to the Customer either by text message (SMS) or by email.
GoldGiant will pay a default interest if the agreed payment has not arrived after at latest 14 days of the due date.
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6. Verifying the authenticity of Items
GoldGiant has the right to ensure the authenticity, quantity and value of the Item(s). For an accurate evaluation, the Item(s) may be tested chemically. The evaluation will be carried out by one of GoldGiant's experts.
GoldGiant is not responsible for any damages, potential corrosion or depreciation of the Item(s) that may result from the process of verifying the authenticity of the Item(s). GoldGiant may cancel the sale if it has reason to doubt the authenticity of the Item(s). The Customer will not be compensated or paid for any cancelled sales.
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7. Customer information and privacy
GoldGiant maintains a database of customer files, which are handled according to separate procedures. The information is used for customer relationship management and marketing by us or our partners who also may send newsletters with information about their services and advertising which may contain information about i.e. gambling or alcohol. By signing the sales contract the Customer agrees to have their information used for the above-mentioned activities.
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8. Preventing fraudulent practices
GoldGiant will file a report on any actual or attempted abuse on its operations, and on any other unauthorized activities. GoldGiant may register information in cases of or in order to prevent possible abuse or improper behavior. GoldGiant has the right to report a crime for any unauthorized activities, misuse, fraud, and other such fraudulent practices.
GoldGiant has the right to provide information on a conducted and canceled sale if required by the police and if necessary, grant the police with the access to the GoldGiant database on customer files if necessary. GoldGiant will use this right to the extent to which the local police authority considers it necessary.
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9. Responsibility and Liability
The Customer is liable to GoldGiant for any damages and expenses that the Customer has caused due to any behavior not in line with the terms and conditions or by otherwise negligent or fraudulent behavior.
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10. Governing law and venue in case of disputes
In case of possible disputes between GoldGiant and the Customer, any legal action will follow the jurisdiction of Swiss law.
For any further information concerning the contract and the process of drawing up the contract or in case of any disagreements with the contract, the Customer should always turn to the customer service and seek an amicable resolution.
If a dispute arises between GoldGiant and the Customer that they are not able to resolve it by negotiating, they may take the case to the district court.
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