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.com 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. The Terms and Conditions also apply to all agreements, drafted proposals, as well as all quotes and / or offers, as well as telephone orders and orders placed via the website and / or in-store.
2.2 The Terms and Conditions apply to all visits and / or use made of the website www.goudpensioen.com. Ordering via the website, email, telephone or in the store implies that the buyer has acknowledged and accepted the Terms and Conditions.
2.3 No rights can be derived from verbal agreements unless confirmed in writing by the seller.
2.4 Terms and Conditions can be deviated from unless this is confirmed in writing by the seller.
2.5 The Terms and Conditions of the buyer do not apply to the establishment of an agreement, unless these have been explicitly accepted and authorized in writing by the seller.
2.6 The seller reserves the right to change and supplement these Terms and Conditions at any time.
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 If the seller has received the deposit or the full amount from the buyer, the buyer shall not be entitled to cancel the agreement.
3.3 All offers and agreements may be revoked by the seller at any time in which case the agreement will be cancelled.
3.4 All orders accepted by the seller shall be final and binding. The buyer is always bound to the given order, unless it is rejected by the Seller.
3.5 The seller is entitled, without giving any reason (s) to not accept orders or contracts or only accept orders under certain conditions to be agreed in writing.
3.6 All offers and / or quotes are outlined as clearly as possible 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.
3.7 An agreement is established only after the seller has accepted a buyer’s order through written request, by telephone or via the website, www.goudpensioen.com.
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 are excluding shipping and any additional charges, unless otherwise indicated.
4.2 If, by 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 pass the right price to the buyer. 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 Prices are valid at the time of the agreement between buyer and seller. The prices cannot be changed by the buyer including when the product is not delivered within the expected delivery term.
4.5 All prices stated by the seller are independent of the costs which may be incurred by the buyer for instance internet charges, telephone charges, bank charges, shipping charges, insurance costs and all other costs surrounding the agreement .
4.6 All prices are set by the seller and are exclusive of any additional charges such as packing, transport, insurance and handling charges. These costs and expenses shall be borne by the buyer unless otherwise explicitly agreed between seller and buyer.
4.7 When objects are sold under the margin scheme, no VAT will be applied.
4.8 Discounts are granted once and the seller is not obligated to provide the discounts in the future.
4.9 The seller reserves the right to change the prices at any time.
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 invoice 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 and with identification by means of a valid passport, identity card or Dutch driver’s license. A copy of this identification document will be kept for our records.
5.5 Cash 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 invoice 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 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. This delay fee is owed from 24 hours after the due date until the date of full payment. Then seller shall be entitled to terminate the agreement.
6.2 In the event of a late payment, a reminder will be issued by the seller to the buyer. This reminder costs EUR 25 for the initial notice and EUR 35 for each subsequent reminder.
6.3 The seller is entitled to charge the buyer with 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 the turnover tax and must be reimbursed by the buyer.
Article 7: Delivery
7.1 All delivery times quoted by the seller are estimates only, exceeding these deadlines is not attributable to a default 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 The place of delivery is the address of the buyer that was last made known to the seller unless otherwise agreed in writing.
7.4 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.
7.5 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 .
7.6 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 50.00 Euro.
7.7 Delivery is considered complete when the goods ordered by the buyer have been presented to the buyer at the address provided by the buyer to the seller. The seller withholds the right to deliver the order in separate shipments.
7.8 The date of posting shall be the first working day following the last day of delivery specified by the seller, unless seller has informed the buyer otherwise.
7.9 The buyer will ensure transportation of the goods, and issue them with insurance from the date of availability.
7.10 If the buyer has not retrieved the goods within 3 working days after being informed of their availability then the seller is entitled to charge storage costs.
7:11 Seller shall at all times be entitled to make partial deliveries and to invoice the buyer, unless otherwise agreed in writing.
7.12 If, notwithstanding the foregoing, it is agreed that seller will make his own arrangements for transportation of goods, then the moment of delivery is determined as the moment when the goods leave the seller's address.
7.13 If the seller is providing transportation, the buyer must in this case enable the seller to deliver the goods in accordance with the given shipping instructions, failing which the seller is entitled to charge (storage) costs to the buyer.
7.14 The goods must be insured by the buyer for transportation by the seller at all times.
7.15 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.
7.16 If the agreement relates to a bullion trade deadline, the delivery term is calculated from the moment the buyer has provided the seller with the required security.
7.17 If the delivery period is exceeded the buyer is not entitled to any compensation in this respect.
Article 8: Liability and Risk
8.1 The seller shall not be liable for any direct or indirect damages of which the seller's liability has not explicitly been expressed in these terms and conditions.
8.2 Without exclusion to liability under mandatory provisions, the seller shall not be liable for any direct or indirect damages of the buyer and / or third party damage than the compensation which he has already been upheld in these terms and conditions.
8.3 Seller does not accept any liability for loss or defective product(s) incurred by the buyer for any reason whatsoever.
8.4 Seller accepts no responsibility for the order and delivery of product(s) that has not been made by the seller.
8.5 The information on the website(s) of the seller is (partly) derived from third parties. The seller accepts no liability for any damage resulting from incorrect or incomplete information on the website.
8.6 Seller is not liable for the damages suffered by the buyer caused by a not attributable failure on the seller’s behalf.
8.7 Damages are considered among others: loss of profits and damages due to changes in the price of goods delivered, damage resulting from late delivery or failure to deliver the product(s). As well as indirect damage, including but not limited to lost profits and lost savings.
8.8 Seller shall not be liable for price drops on the bullion market.
8.9 Buyer shall secure the seller against claims and third party claims for damages suffered as stated above, and for costs arising from such claims.
8.10 Seller can 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.
8.11 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.
8.12 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.
8.13 The limitation of liability applies equally to employees, associates and all other persons involved by the seller to implement the agreement.
8.14 If no agreement has been reached, the seller shall never be obliged to pay damages.
Article9: Ownership andRetention
9.1 All goods are supplied under retention of ownership and remain the property of the seller until the buyer has fulfilled all his 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 buyer is obliged to insure the delivered goods against theft, fire, explosion and water damage for the duration of ownership retention. All claims by the buyer under the said insurance shall be pledged by the buyer to the seller on demand as additional security for the claims of seller to buyer.
9.7 The seller shall at all times remain entitled to take back property which belongs to him from the buyer.
Article 10:Exclusionof the right of withdrawal
10.1 The value of precious metals are partly established by the current gold and silver 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
- Collectibles comprising of at least the aforementioned items.
Fluctuations in gold and silver rates 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.
11.1 Any goods given into the seller’s custody should 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 risk.
12.1 The personal details 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 entering / providing the seller with Name, Address and Location details, whether on the website, www.goudpensioen.com by phone, by mail, email or by any other means, the buyer hereby gives the seller permission to register and use his personal data.
13.1 All goods must be checked by the buyer for any incompletion and / or damage upon receipt.
13.2 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.
13.3 The buyer is not entitled to suspend payment in the instance of a complaint.
13.4 If the complaint is 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.
13.5 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.
13.6 The right to complain shall expire if the goods are no longer in the state in which they were delivered.
13.7 All complaints by the buyer shall be notified in writing to the seller.
Article 14: Termination or Suspension of the agreement
14.1 In case of termination of an agreement, all claims against the buyer will be immediately due and must be paid.
14.2 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, 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 case of unforeseen circumstances of such a nature that the buyer in all reasonableness and fairness cannot expect the seller to perform, 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 Where the contract has been suspended for more than two months both buyer and seller are entitled to terminate by means of a written declaration of dissolution to be sent by registered post.
Article 16: Purchase and Redemption
16.1 The seller undertakes no obligation to buy back the goods or services sold.
Article 17: Applicable law and disputes
17.1 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.
17.2 seller and buyer will to make every effort to mutually resolve any dispute before appealing to a court of law.
17.3 If any dispute may arise between the seller and the buyer, only the court of Amsterdam is authorized to act.
Article 18: Final Determination
18.1 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.
18.2 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.
18.3 Buyer has not at any time the power to amend these Terms and Conditions.
Article 19: Acknowledgement of the Terms and Conditions
19.1 At the written request of the other party, a complete copy of the Terms and Conditions shall be provided.
19.2 The Terms and Conditions are listed on the website the seller: www.goudpensioen.com.
19.3 Buyer shall at all times have taken cognizance of the Terms and Conditions before placing an order.