Terms and Conditions
Terms and Conditions Goudpensioen.nl
Article 1: Definitions
In these Terms and Conditions, "Buyer" means the party, legal entity or natural person mentioned in the written agreement or otherwise agreed as being the Buyer and / or client who agrees to our Terms and Conditions.
In these Terms and Conditions, the term "Seller" means Goudpensioen located in Amsterdam, also mentioned here as contractor.
In these Terms and Conditions, the term "Agreement" means the written agreement in the context of the concluded or to be concluded agreement between Buyer and Seller.
In these Terms and Conditions, "Written" means an e-mail, letter fax or any other form of correspondence intended as a letter.
Article 2: Applicability
2.1 The Terms and Conditions apply to all offers and agreements of purchase and sale between Buyer and Seller and shall apply to all goods and services.
2.2 No rights can be derived from verbal agreements unless confirmed in writing by the Seller.
Article 3: Offer and Acceptance
3.1 All offers, agreements and quotes, in whatever form from the Seller are without obligation and can be revoked at any time, even after acceptance by the Buyer. An offer or quote does not bind the Seller in any way.
3.2 All offers and / or quotes are outlined as clearly as possible on the website of the Seller, www.goudpensioen.nl, with a description and price designated for the products and / or services offered by the Seller. The Seller cannot guarantee that exceptions hereof will not occur.
3.3 An agreement is established only after the Seller has accepted a Buyer’s order. An order takes place by means of a written request or via the Seller’s website www.goudpensioen.nl.
Article 4: Prices and Price Changes
4.1 The prices on the website, quotes and agreements are in Euro and include the applicable value added tax (VAT), for payment by bank transfer, but exclude shipping and any additional charges, unless otherwise indicated.
4.2 If, due to fluctuations in the bullion market, the amount paid by the Buyer does not cover the Seller’s costs, the Seller reserves the right to cancel the order. The Seller will inform the Buyer of the correct price. If the Buyer does not agree, the amount received will be returned by the Seller to the Buyer.
4.3 If the prices on the website are listed incorrectly, the Seller reserves the right to cancel the order. The Seller will inform the Buyer of the correct price. If the Buyer does not agree, the amount received will be returned by the Seller to the Buyer.
4.4 When objects are sold under the margin scheme, no VAT will be applied.
4.5 Discounts are granted once and the Seller is not obligated to provide discounts in the future.
Article 5: Payment
5.1 Payment of the goods and/or services offered by the Seller must be made in advance.
5.2 Payment is made in the currency stated on the invoice by means of bank transfer to the account of the Seller or in person at the offices of Seller.
5.3 Payment of the full order amount must be made within the specified payment term stated on the invoice, or otherwise within 24 hours from the time that the invoice is sent to the Buyer. The payment term applies as a statutory limit of which the Buyer is legally in default when the term is exceeded.
5.4 Cash payments are only accepted up to 10,000 Euro, if allowed by current laws and legislation, and are processed in accordance with relevant laws and regulations.
5.5 Payments exceeding 10,000 Euro will not be accepted in cash and must be made by bank transfer.
5.6 Cash payments can always be refused by the Seller with no explanation required. The payment of the goods and/or services must then be made by bank transfer.
5.7 The payment(s) made by the Buyer shall always be applied in the first place to all interest and costs, and secondly to the outstanding invoices of which the longest outstanding date applies. This is also the case when indicated by the Buyer the payment relates to a later invoice.
5.8 Payments made shall not settle the difference between any outstanding payments and any discount(s) offered by the Seller. The Buyer may not suspend payment to the Seller due to any debt claims between the Buyer and the Seller.
5.9 The Seller may apply payments made by the Buyer to settle the difference of any outstanding amounts owed by the Buyer to the Seller.
5.10 The Seller reserves the right at all time to retain goods until the Buyer has paid all outstanding amounts owed, including the payment of previous deliveries or until the Seller has received sufficient security that the Buyer is committed to the fulfillment of all existing and future financial commitments.
Article 6: Delay compensation and other costs in the event of late payment
6.1 The Buyer is in default if the amount owed is not fully paid after the expiry of the payment period, or after 24 hours of the order confirmation being sent to the Buyer. The Buyer shall pay a delay compensation over the unpaid amount that is equal to the applicable statutory interest referred to in Article 6:119 of the Dutch Civil Code plus 2% per calendar month, with part of a month counting as a whole month. The Buyer will also owe a default administration fee of 25 Euro.
6.2 Notwithstanding the other provisions of these Terms and Conditions, the Seller is entitled to charge the Buyer all costs incurred by the Seller in connection with the late payment of any amount due by the Buyer. All costs related to in-or extrajudicial collection of the amount owed by the Buyer to the Seller, including the cost of hiring a collection agency, shall be borne by the Buyer. The extrajudicial costs incurred are at least 15% of the unpaid amount, with a minimum of 250 Euro, plus sales tax.
Article 7: Delivery
7.1 All delivery times quoted by the Seller are estimates only, exceeding these delivery times does not result in an attributable shortcoming on the part of the Seller.
7.2 Each delivery period may be extended for an additional period due to unforeseen circumstances, without prior notification by the Seller.
7.3 Seller will only proceed with the delivery of product(s) and/or services once payment has been made by the Buyer and received by Seller.
7.4 Regardless of the manner in which product(s) and / or service is delivered, the shipment and the delivery risk remains with the Buyer. The Seller is not liable for loss of goods or violation by third parties .
7.5 If the Buyer does not accept the delivery of a product sent to him or no longer wishes to take delivery of the goods the Buyer thereby waives his right to delivery. The Buyer remains obliged to pay the Seller the agreed price along with interest and compensation of any costs arising from this decision. The Buyer is also liable to pay the cost of returning the product (s) to pay to Seller. These handling costs amount to 3% of the invoice amount with a minimum of 50 Euro.
7.6 Delivery takes place at all time from the Seller’s address, even if the order is shipped. The Seller reserves the right to deliver the order in separate shipments.
7.7 The date of availability shall be the first working day following the last day of delivery specified by the Seller, unless Seller has informed the Buyer otherwise.
7.8 The goods must be insured by the Buyer for transportation by the Seller at all times.
7.9 If it is agreed that the Seller will take care of the insurance of the goods, insurance will take place under the Seller’s usual conditions.
7.10 If the agreement relates to a bullion trade in due course, the delivery term is calculated from the moment the Buyer has provided the Seller with the required security.
7.11 If the delivery period is exceeded, the Buyer is not entitled to any compensation in this respect.
7.12 When purchasing precious metals in excess of € 10,000 (ten thousand euros), the Buyer must provide the Seller with a copy of a valid proof of identity upon the Seller's first request. A recent Chamber of Commerce extract must also be submitted for commercial purchases. Delivery can only be made after receipt hereof.
7.13 The Buyer is obliged, upon request, to hand over documentation to the Seller to comply with Dutch and international laws and regulations before delivery can take place. Delivery can only be made after full receipt hereof.
Article 8: Liability and Risk
8.1 Liability of the Seller for indirect and consequential damage is hereby excluded. Liability for direct damage is limited to a maximum of what the Seller can recover from its insurer, or to a maximum of 30% of the purchase amount.
8.2 The Buyer hereby explicitly indemnifies the Seller against all personal claims and claims from third parties on account of damage suffered on the aforementioned grounds, as well as for the costs arising for the Seller from such claims.
8.3 Seller can only be held liable for damage, if there is demonstrable intent and / or gross negligence on the part of the Seller. The Seller is only liable for direct damages incurred and is not liable for anything other than these direct damages. Lost profits, losses and missed assignments are not recoverable and are explicitly excluded.8.4 Seller accepts no responsibility for the order and delivery of product(s) that has not been made by the Seller.
8.4 Notwithstanding the above, the exclusion of liability does not apply for damages which are covered by the insurance of the Seller up to the amount for which the insurer has acknowledged liability. If the damage is not covered by insurance, the liability will be limited to the purchase price minus the value of the precious metals.
8.5 The liability of Seller shall at all times be limited to the amount of the invoice value of the goods and/or services (to be) delivered.
8.6 The limitation of liability applies equally to employees, associates and all other persons involved by the Seller to implement the agreement.
8.7 If no agreement has been reached, the Seller shall never be obliged to pay damages.
Article 9: Ownership and Retention
9.1 All goods are supplied under retention of ownership and remain the property of the Seller until the Buyer has fulfilled all payment obligations, including obligations that have previously arisen.
9.2 If payment is made in installments, the goods become the property of the Buyer when the last installment has been received by the Seller.
9.3 Before the ownership of the goods has passed to Buyer, he shall not be entitled to pledge, lease or otherwise bestow custody of the goods to a third party as security for a claim or otherwise.
9.4 The Buyer is not permitted to transfer or trade rights or obligations of the agreement to third parties without prior written consent of Seller.
9.5 As long as the Buyer is holding goods for the Seller under retention of ownership, the Buyer is obliged to inform in the Seller in the instance of third party claims asserting rights upon these goods, in claim or the application of bankruptcy, debt collection, suspension of payments or any other condition that may affect the property rights of Seller.
9.6 The Seller shall at all times remain entitled to take back property which belongs to him from the Buyer.
Article 10: Exclusion of the right of withdrawal
10.1 The value of precious metals are partly established by the current precious metal prices. To prevent speculation the following items will be excluded from the right of withdrawal, unless the fluctuations in the prices listed are of little or no influence to the purchase price and by written consent by the Seller:
- Gold in bar form, regardless of weight, grade and year of issue
- Gold in coin form, regardless of weight, grade and year of issue
- Silver in bar form, regardless of weight, grade and year of issue
- Silver in coin form, regardless of weight, grade and year of issue
- Platinum in bar form, regardless of weight, grade and year of issue
- Platinum in coin form, regardless of weight, grade and year of issue
- Palladium in bar form, regardless of weight, grade and year of issue
- Palladium in coin form, regardless of weight, grade and year of issue
- Collectibles comprising of at least the aforementioned items.
10.2 Fluctuations in precious metal prices between the purchase and delivery do not affect the price. The Seller is not responsible and/or liable for fluctuations in exchange rates between the time the agreement is established and the delivery of the goods.
Article 11: Safekeeping
11.1 Any goods given into the Seller’s custody should be adequately insured by the Buyer.
11.2 The Seller shall not be liable for discoloration, damage or deformation of the goods.
11.3 Any goods given into the Seller’s custody remain so at the Buyer’s own risk.
Article 12: Personal data
12.1 The personal data provided by the Buyer will be added to the records of Seller. Specified data will be used for the fulfillment of the agreement and the provision and delivery of the goods and/or services.
12.2 The information provided by Buyer are for administrative purposes and for supplying the Buyer with information regarding services, products and activities of Seller and its partner (s).
12.3 When providing the Seller with Name, Address and Location details, whether on the website, www.goudpensioen.nl by phone, by mail, email or by any other means, the Buyer hereby gives the Seller permission to register and use his personal data.
Article 13: Complaints
13.1 Complaints about unsound or incomplete delivery must be made by the Buyer within 48 hours of receipt of the goods and shall be made in writing to the Seller. If the Buyer exceeds this deadline or neglects to carry out the audit, any obligations on the part of the Seller will expire.
13.2 The Buyer is not entitled to suspend payment in the instance of a complaint.
13.3 If the complaint is considered founded by the Seller, the Seller is never required to replace anything other than the defective goods, or supply additional delivery of the incomplete order or supply a credit to the value of the required amount of the defective or incomplete goods as stated on the original invoice, or supply the Buyer with a to be agreed alternative.
13.4 In the case of a complaint, the goods must be made available to the Seller for inspection. If possible, the inspection will take place at the Buyer’s location, unless the Seller deems it necessary that the goods are returned by the Buyer in accordance with the instructions of the Seller.
13.5 The right to deliver a complaint shall expire if the goods are no longer in the state in which they were delivered.
13.6 The Buyer must notify the Seller of all complaints in writing.
Article 14: Termination or Suspension of the agreement
14.1 The contract between Buyer and Seller may at any time, interim and without judicial intervention and without further notices of default, be wholly or partially dissolved by means of a written notice, notwithstanding any other rights accruing to that party, including suspension of the contractual obligations and claims of full damages if one or more of the following occurs or is likely to occur:
- The enterprise of the other party is liquidated or discontinued.
- The other party requests or acquires (provisional) suspension of payment or is declared bankrupt.
- The other party loses by seizure, receivership or otherwise disposes of its assets or parts thereof, and has not regained the power of disposal within four weeks after losing it.
- The other party must be reasonably regarded as no longer able to meet its obligations under the agreement.
Article 15: Force Majeure and Unforeseen Circumstances
15.1 The Seller shall be entitled to suspend or withdraw obligations arising out of a contract with the Buyer during the period of a force majeure event.
15.2 Force majeure shall in any event include: war, threat of war, mobilization, riots, sabotage, fire, extreme weather, flooding, water damage, natural disasters, pandemic, strikes, disturbances, transportation problems, absence of raw materials or energy, delay in delivery by suppliers, shortage in precious metals which cannot be attributable to the Seller, import, export and/or transit prohibitions, government measures and / or any other causes beyond the control and/or risk sphere of the Seller which make it impossible to fulfill the contract.
15.3 In the event of unforeseen circumstances of such a nature that the Buyer cannot in all reasonableness and fairness expect fulfillment by the Seller, the Seller shall be entitled to wholly or partially terminate the contract.
15.4 The Seller shall not be in default if the contract is suspended due to force majeure or unforeseen circumstances.
15.5 In cases where the contract has been suspended for more than three months, both Buyer and Seller are entitled to terminate by means of a written declaration of dissolution to be sent by registered post.
15.6 Orders placed online by the Buyer and made on weekdays between 4:00 PM and 10:00 AM the next morning, at the weekend between Friday 4:00 PM and Monday morning 10:00 AM, and on national and international holidays, can be unilaterally revoked by the Seller if external circumstances so require. The Seller must notify the Buyer of this no later than 12:00 noon on the next working day after the aforementioned period and/or after a national and international holiday. Such external circumstances include those as mentioned (but not exclusively) in Article 15.2, which cause price increases of 3% ( three percent) or more of relevant precious metals, or which cause restrictions in the trade of precious metals or payment transactions.
Article 16: Applicable law and disputes
16.1 All legal relationships with Seller are carried out under Dutch law, even when the contract is wholly or partially carried out abroad or when the party involved in the legal relationship is domiciled there.
16.2 Seller and Buyer will to make every effort to mutually resolve any dispute before appealing to a court of law.
16.3 If any dispute may arise between the Seller and the Buyer, only the court of Amsterdam is authorized to act.
Article 17: Final Determination
17.1 If it is concluded that one or more of these conditions is not binding, the remaining conditions as outlined in Terms and Conditions will remain effective between Buyer and Seller.
17.2 The non-binding conditions in these Terms and Conditions will be replaced by a binding condition that deviates as little as possible from the non-binding conditions.
17.3 The Terms and Conditions are stated on the Seller’s website: www.goudpensioen.nl. And will be made available upon request.