Goldbase General Terms and Conditions of Sale and Delivery

Article 1. General

1.1       These General Terms and Conditions of Sale and Delivery (hereinafter: “GTC”) form part of all agreements and apply to all related (legal) acts (including proposals, quotations and offers) of Holland Holdings B.V., trading under the name “Goldbase” (hereinafter: “Seller”). Holland Holdings B.V. is registered with the Chamber of Commerce under number 77364287.

1.2       The Seller hereby expressly rejects the applicability of any general or specific terms and conditions used by the Seller’s customer (“Customer”).

1.3       Deviations from and/or additions to these GTC are only valid if confirmed in writing by the Seller to the Customer. The Seller expressly reserves the right to amend these GTC.

Article 2. Offers, quotations and agreement

2.1       All quotations and offers provided by the Seller, as well as all other terms and conditions stated by the Seller in that regard, shall be regarded as non-binding offers and are never intended as an offer that may lead to a contract merely by the Customer’s acceptance. Quotations shall be regarded solely as an invitation to the Customer to enter into an agreement with the Seller.

2.2       Any order placed with the Seller shall be deemed to constitute an irrevocable, binding order from the Customer, regardless of any statement to the contrary made by the Customer.

2.3       Any changes to the Customer’s order proposed by the Seller shall be deemed a new offer which must be accepted by the Customer by telephone, electronically or in writing.

2.4       Any offer made by the Seller is non-binding and may be revoked by the Seller in writing up to 7 (seven) days after acceptance, unless otherwise agreed between the parties.

2.5       An agreement is only concluded once the Seller has accepted an order by telephone, in writing or via its online portal, or has demonstrated the conclusion of the agreement by carrying out the order.

2.6       All information provided by the Seller regarding figures, specifications, images, drawings and/or other descriptions of the products has been provided with due care. However, the Seller cannot guarantee that no deviations will occur in this regard.

2.7       The Seller offers to repurchase from the Customer the goods purchased from the Seller at a purchase price in line with market conditions. The conclusion of such an agreement shall take place in consultation between the parties. In this regard, the Customer must at all times provide the Seller with a copy of a valid proof of identity. Payment to the Customer shall be made once the goods have been inspected and tested by a party to be designated by the Seller and, consequently, the associated valuation has been verified and issued.

Article 3. Prices and payment

3.1       Prices shall be determined by the Seller, where applicable, on the basis of the latest known prevailing precious metal prices, plus manufacturing costs, sales premiums, transport costs, taxes and/or duties.

3.2       All prices quoted by the Seller are exclusive of any additional costs, such as, but not limited to: packaging, transport, postage and/or insurance. Such costs shall be borne by the Customer and will be charged by the Seller in addition to the quoted prices, unless expressly agreed otherwise between the Seller and the Customer.

3.3       All prices quoted include VAT, unless otherwise stated.

3.4       All invoices must be paid within 24 (twenty-four) hours of the time at which the invoice was sent to the Customer, unless otherwise agreed between the Customer and the Seller. Payment deadlines are strict deadlines, meaning that the Customer is automatically in default if they are exceeded.

3.5       From the moment the Customer is in default, the Seller is entitled to charge statutory interest from the due date, without prejudice to any other rights accruing to the Seller.

3.6       All (extra)judicial costs incurred by the Seller to ensure performance of the agreement shall be borne by the Customer. The extrajudicial collection costs amount to 15% of the order value, with a minimum of €150 (in words: one hundred and fifty euros).

3.7       Payment shall be made using a payment method to be specified by the Seller.

3.8       The Seller reserves a right of retention over the goods at all times until the Customer has ensured full payment (including payment for any previous deliveries), or has provided sufficient security for the fulfilment of all existing and future payment obligations yet to be determined.

3.9       The Customer is not entitled to set off any claim against claims of the Seller.

Article 4. Delivery

4.1       Goods shall be delivered exclusively upon payment in accordance with Article 3 of the GTC, unless otherwise agreed in writing. When purchasing precious metals in excess of €10,000 (in words: ten thousand euros), the Customer must, at the Seller’s first request, provide the Seller with a copy of a valid identity document. Delivery may only proceed upon receipt of this.

4.2       All delivery times stated by the Seller are approximate only; exceeding these delivery times does not constitute an attributable breach on the part of the Seller.

4.3       The time of delivery is deemed to be the moment the goods are made available to the Customer, or to a party designated by the Customer, at the Seller’s address or at another address designated by the Seller. The Seller is entitled at all times to deliver an order in instalments.

4.4       The Customer may choose to have the goods sent, insured by the Seller, to an address specified by the Customer.

4.5       If the Customer has not collected the goods from the Seller or a third party, or arranged for them to be collected, within 5 (five) days of the date on which they were made available, the Seller is entitled to charge costs.

4.6       If, by way of derogation from the foregoing, it has been agreed that the Seller shall arrange for the transport of the goods, the Seller is free to determine the method of transport. In this case, the Customer must enable the Seller to deliver the goods to the Customer in accordance with the shipping instructions provided; failing which, the Seller is entitled to charge costs.

4.7       If it has been agreed that the Seller shall arrange insurance for the goods, such insurance shall be provided under the Seller’s standard terms and conditions.

4.8       Any delivery period shall be extended by operation of law by the duration of the force majeure event, without the Seller being required to invoke such an extension in advance.

4.9    If the agreement relates to forward trading in precious metals, the delivery period shall be calculated from the moment the Buyer has provided the security required by the Seller.

4.10    If the Buyer refuses to take delivery of the goods or indicates that he no longer wishes to proceed with the agreed delivery, he shall nevertheless remain obliged to pay the agreed price and to reimburse the Seller for any costs, damages and interest arising therefrom.

Article 5. Retention of title

5.1       All goods are supplied subject to retention of title and remain the property of the Seller until the Customer has fulfilled all its payment obligations – including obligations arising previously. If payment is made in instalments, the goods shall only become the property of the Customer after the final instalment has been paid.

5.2       The Customer may not transfer the rights and obligations arising from the agreement with the Seller to third parties, unless the Seller has given its express written consent to do so.

5.3       Before ownership of the goods has passed to the Customer, the Customer is not entitled to let them out or allow them to be used, to pledge them, or to encumber them in any other way.

Article 6. Complaints

6.1       All goods delivered must be inspected by the Customer immediately upon receipt for any missing items or damage. If any items are missing and/or damaged, the Customer must notify the Seller in writing within 48 (forty-eight) hours of taking delivery of the goods. If the Customer exceeds this period, or fails to carry out the inspection, any obligations of the Seller in this regard shall lapse.

6.2       In the event that a complaint is found to be justified by the Seller, the Seller shall never be obliged to do more than replace the goods that are defective, or make an additional delivery of the missing quantity, or credit the invoice relating to the delivery upon the Customer’s return of the goods, at the Seller’s discretion.

6.3       In the event of a complaint, the goods must be kept available for inspection by the Seller. Where possible, inspection shall take place at the Customer’s premises unless the Seller deems it necessary for the goods to be returned by the Customer in accordance with the Seller’s instructions.

6.4       The right to make a complaint lapses if the goods are no longer in the condition in which they were delivered.

6.5       The value of precious metals is partly determined by the current gold and silver prices. To prevent speculation, the following goods are excluded from the statutory right of withdrawal, unless fluctuations in the aforementioned rates have no or negligible influence on the purchase price and provided that prior written consent has been granted by the Seller:

  • Gold in bar form, regardless of weight, fineness and year of issue;
  • Gold in coin form, regardless of weight, fineness and year of issue;
  • Silver in bar form, regardless of weight, fineness and year of issue;
  • Silver in coin form, regardless of weight, fineness and year of issue;
  • Collectibles comprising the above items.

Fluctuations in gold and silver prices between the time of purchase and delivery shall not affect the price. The Seller is therefore not responsible and/or liable for price fluctuations between the time the agreement is concluded and the delivery of the goods.

Article 7. Liability and damage

7.1       The Seller shall only be liable for damage if this is caused by the Seller’s wilful misconduct and/or gross negligence.

7.2       The Seller’s liability is limited to the net invoice value of the goods and/or services supplied.

7.3       Liability for indirect or consequential damage, including loss of profit, loss suffered or lost orders, is expressly excluded.

7.4       The limitation of liability applies equally to staff, employees and all other persons engaged by the Seller for the performance of the agreement.

7.5       The Customer indemnifies the Seller against all claims by third parties.

Article 8. Force majeure

8.1       The Seller is entitled to suspend or terminate all obligations arising from any agreement with the Customer in the event of force majeure.

8.2       Force majeure refers to circumstances which the parties could not reasonably have taken into account when concluding the agreement. The following shall in any event be regarded as force majeure: war, threat of war, mobilisation, civil unrest, sabotage, extreme weather conditions, fire, strikes, operational and transport disruptions, shortages of raw materials or energy, delays in delivery by suppliers, exceptional macroeconomic or political events, shortages of precious metals not attributable to the seller and/or government measures that render performance of the agreement impossible.

8.3       Orders placed online

  • on working days between 5.00 pm and 9.00 am
  • at weekends; between 5.00 pm on Friday evening and 9.00 am on Monday morning
  • on public holidays

may, if external circumstances so require, be unilaterally cancelled by the Seller. The Seller must notify the Customer of this no later than 10:00 am on the next working day following the aforementioned time period and/or public holiday. External circumstances refer to circumstances as referred to (but not limited to) in Article 9.2, which, during the aforementioned period, cause significant (>2%) price rises or falls in relevant precious metals, or restrictions on the trading of precious metals or payment transactions.

Article 9. Termination

9.1    The agreement between the Customer and the Seller may at any time be terminated in whole or in part by either party by means of written notice, without judicial intervention, without prejudice to other rights accruing to that party, including the suspension of performance of the obligations arising from the agreement and the claim for full compensation, should one or more of the following situations arise or threaten to arise:

  • the other party’s business is wound up or ceases trading;
  • the other party applies for or obtains (provisional) suspension of payments or is declared bankrupt;
  • the other party loses the power to dispose of its assets or parts thereof as a result of attachment, placement under guardianship or otherwise, and has not regained this power of disposal within 4 (four) weeks of losing it;
  • the other party must reasonably be deemed no longer able to fulfil its obligations under the agreement.

9.2    In the event of termination of an agreement, all claims that the parties have against each other shall become immediately due and payable.

Article 10. Governing law and disputes

10.1    All legal relationships between the Buyer and the Seller are governed by Dutch law. Any disputes between the Buyer and the Seller that cannot be settled amicably shall be submitted to the competent court in Amsterdam.

Article 11. Final provisions

11.1    Should one or more provisions of these GTC prove to be unenforceable, the remaining provisions of these GTC shall remain in full force and effect between the parties. The parties undertake to replace the unenforceable provisions with enforceable provisions which, having regard to the nature and scope of these GTC, deviate as little as possible from the unenforceable provisions.

11.2    These T&Cs have been filed with the Chamber of Commerce in Amsterdam under number 77697650 and are also published on the seller’s website. A copy of these terms and conditions can be sent free of charge upon request.

11.3    The Dutch text of these Terms and Conditions shall be binding in the event of a dispute regarding their content or meaning.

11.4    Goldbase is entitled to amend the General Terms and Conditions unilaterally. Goldbase will always give at least one month’s notice of any amendment to these General Terms and Conditions via its website. During the period between the announcement and the actual effective date (i.e. no later than the day before the effective date) of the amendment(s) referred to herein, the Customer is entitled to terminate the relationship with Goldbase unilaterally and with immediate effect, subject to the terms and conditions in force at that time.

Address:

  • Goldbase
  • Corkstraat 46
  • 3047 AC Rotterdam

Contact:

Opening hours:

(unless otherwise announced)

Weekdays, excluding public holidays

Monday to Friday: 09.00 – 17.00