Terms & Conditions

SUISSEVAULT LIMITED – TERMS AND CONDITIONS

The terms and conditions contained in this document are those under which SuisseVault Limited (we) supply or use any of our services listed at our Website and ordered by you (Products). Please read the terms and conditions carefully as they will form the basis of our contract with you. You should retain a copy of these terms and conditions for future reference. All other terms and condition are excluded – see clause 5.6, below.

1.0 ABOUT US

 1.1 The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. This Website is owned and operated by SuisseVault Limited. We are a company limited by shares, registered in England with number 13226321, VAT number 383 0307 15, and Data Protection Register number ZB236142. Our registered office is at 4 Old Park Lane, Mayfair, W1K 1QW

1.2 Our email address is info@suissevault.co.uk.

1.3 Please read this agreement carefully before using our website. This represents the terms and conditions (“Terms”) for using and placing orders on the Website or for placing any orders with us on the telephone or in any other manner. Your use of the site is your confirmation that you have both read and accepted the Terms. These Terms and any contract entered into in consequence of your use of our Website are subject to English law and the courts of England & Wales shall have jurisdiction over any dispute between us.

1.3 In order to purchase any products from us or use any service of ours you must be 18 years of age or over.

1.4 Please check periodically for changes. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS.

1.5 If you have any queries, please contact Customer Services by telephone on 0207 889 4653 from Monday to Friday – 10am to 5pm or by email at info@suissevault.co.uk.

 

2.0 APPLIES TO ALL CONTRACTS

2.1 The terms “we”, “us”, and “our”, and “you” and “your”, and “including” (and similar) also have a special meaning. See the glossary in our FAQs to find out what they mean. To understand these terms and conditions you must read and understand the glossary.

2.1 PARTIES The customer under the contract is you. The supplier under the contract is SuisseVault Limited trading as SuisseVault.

2.3 SUBCONTRACTORS We use subcontractors to help us to provide some of our services for you. You can find out at any time which subcontractors we use for the services you buy from us by reading our FAQs for your chosen service(s). We may at any time subcontract any part, or all of our business or services. We may also at any time change our subcontractors, including those who directly provide any services to you (such as carriers who make deliveries).

2.4 CONTRACT BETWEEN YOU AND US An order or offer made by you Each order that you make constitutes an offer by you to buy from us the goods and/or services stated in the order, subject to these terms and conditions. Each offer constitutes an offer by you to sell your metal to us, subject to these terms and conditions. Information published on our website, and correspondence from us by phone, email or otherwise do not constitute an offer or give rise to any contract.

 

2.5 Formation of the contract The contract is formed between you and us at the moment you place your order or make your offer via our website or our helpline subject to these terms and conditions.

2.5.1 Preconditions We will not be bound to meet our obligations under the contract until the preconditions have been met by you, and we agree to accept your order or offer. The preconditions are:

1. We have received ID from you when requested and your ID is verifiable and verified by us.
2. We have received payment from you for your order.
3. (When you are selling metal) You meet our metal-selling standards and we have received full details of your payment account and the metal.
4. (When you ask for our storage service) You must be an account user. This is because we require authority for reoccurring card payments.
5. No default or problem has arisen.

2.5.2 This clause 2.4 applies to all orders and offers, including those from account users.

Note: Acceptance of your order will be deemed to have occurred when your items are despatched for delivery, collected or placed into storage.

2.6 DURATION OF CONTRACT The contract under which you buy item(s) starts on the commencement date and lasts until the time and date when we complete the last outstanding transaction or service in your order or offer.

2.7 INVESTMENT ADVICE We are not authorised by the Financial Conduct Authority and cannot give advice comparing precious metals with regulated investments. We also cannot provide advice on any potential tax implications of you entering into the contract with us. It is a condition of the contract that if you need investment or tax advice in relation to goods or metal, you must rely on your own financial, tax and/ or accounting advisers.

2.7.1 Statements we make about the tax status of the goods we supply are based on our understanding of UK tax. We cannot be held liable if tax rules change in the future. It is a condition of the contract that if you need tax advice you seek professional advice from a tax and/ or accounting advisers.

2.8 HOW LONG YOU CAN RELY ON INFORMATION We aim to publish complete and accurate information on our website about the goods, our services. The information on our website and in your order or offer may sometimes not be complete or accurate. We may correct or change any information for goods requested in your order at any time before we accept your order or offer. If we need to make corrections or changes we will tell you so you can decide whether to withdraw your order or offer, or confirm it.

2.9 PRICES Unless we make a change under clause 2.8, above, the price under the contract is the price for the goods and services as stated in the order, or the price for the metal which we propose to you at the time when you submit the offer. Costs or charges which you incur due to a default or problem are also payable as part of the price of your order or offer.

2.9.1 Our prices change regularly. If we complete an order and you subsequently request services in relation to item(s) under the previous order, your request will constitute a New order for services which will be subject to our then-current prices. The prices that applied when we accepted the previous order will never apply to the new order.

3.0 OUR SUPPLIES The goods and/or services we must provide under the contract are the transaction and services as described in our acceptance of the order, or the transaction as described in our acceptance of the order. The menu of goods and services you can choose from is as stated on our website as being available for order, or as otherwise agreed with us in writing.

3.0.1 Your choice of transaction or services will determine which provisions of these terms and conditions apply under the contract.

3.1 LIABILITY AND INSURANCE *Our unlimited liabilities Our liabilities are unlimited for: (1) death or personal injury caused by negligence of us, our employees or subcontractors acting under their agreement with us to help us perform our services for you, and (2) fraud or fraudulent misrepresentation by us, and (3) breach of your statutory rights.

3.1.1 *Our liabilities that are excluded or limited Our liabilities are excluded and limited as stated in these terms and conditions that applies to the service which gives rise to the liability.

3.1.2 Note: Except for our liabilities which are stated above as being unlimited, under no circumstances whatsoever will we be liable to you for any loss of profit, or any indirect or consequential loss or damage arising under or in connection with the contract or any transaction or service.

3.1.3 Any other liabilities of ours not referred to above, or not excluded or limited as above, are limited to the amount of our relevant insurance cover if we have relevant insurance in place or if we have no insurance cover in place to the price stated in the accepted order or offer for the relevant transaction or services (if any). If a price is not ascertainable, these liabilities are limited to £100.

3.1.4 Our insurance We will not take out insurance specifically to cover risks under the contract unless we have agreed this with you, and our charges for arranging and maintaining such insurance, in writing. We may choose to use insurance to cover risks to our business as a whole, including all our contracts and all our customers but are not obliged to take out or maintain insurance.

4.0 OUR FACILITIES We normally operate via our website and a helpline at the telephone number advertised on our website. We provide the facilities without fee or charge (unless a default or problem arises), and they are provided “as is”. We do not guarantee the availability of the facilities, or that they will continue to be available in their current form, or at all.

4.1 You must not use any of our intellectual property without permission, except that you may make incidental use resulting from you using (for personal purposes only) our website or helpline in accordance with our policy, or corresponding with us.

4.1.1Our policies are subject to change. The latest version is always available on our website. The contract applies to the policies as they stand at the date and time when you use the facilities.

4.2 RISK NOTICE We sell goods and buy metal, based on the global metal market’s prices, which are outside our control, and change frequently. The historical performance of our price, or the global metal market’s prices of goods and metal is not a reliable indicator of future prices.

4.3 CANCELLATION RIGHTS You have no statutory right to cancel the contract if you change your mind. This is because the prices of the goods and metal are subject to fluctuation: see the Risk Notice in clause 4.2, above.

4.3.1 Note: You can however choose to terminate your order at any time prior to delivery of your item(s) under clause 4.4. This will incur additional charges including but not limited to, a termination fee and a fee based on any adverse movement in the underlying commodity price of your item(s).

4.4 TERMINATION AND CHANGES Change or withdrawal by you of your order or offer Once you have submitted your order or offer you cannot change or withdraw the order or offer unless we make any change under clause 2.8, above, and we ask you to confirm or withdraw your changed order or offer.

4.4.1Termination of contract by you You can terminate a particular transaction or service at any time and this will be treated as an order for our termination service, for which you will incur a fee. We will confirm to you in writing or verbally if and when we have accepted your order for termination. See clause 5.0, and the Sections of these terms and conditions that apply to the services you wish to terminate, for details of the process and any costs and charges that apply. Apart from that, you may not terminate the contract or any part of it except by giving us written notice after a material breach by us has occurred, or as permitted (if at all) by the Section of these terms and conditions that applies to the transaction or service.

4.4.2 Note: If you wish to terminate due to a material breach by us, for the termination to be valid you must show us evidence of the breach if we ask (and if it is reasonable in all the circumstances for us to ask).

4.4.3 Termination of contract by us Before we terminate the contract we will always consider whether any default or problem could be remedied. If it can, we will try to contact you and work with you to try and remedy the breach. However, when a default or problem in our view cannot be remedied, or it is not remedied within reasonable time after we try to contact you about it, or as a result of uncontrollable factors as set out in clause 5.6, we reserve the right to terminate. In this case we may terminate the contract or a particular transaction or service by giving you written notice, or as permitted (if at all) by a section of the terms that applies. We can also terminate (or treat as being terminated) the contract or a particular transaction or service, if we are released from our obligations under the contract or in relation to the particular transaction or service.

4.4.4 Changes to your details for all account users if there are any change to the details that we required you to provide for us to set you up as an account user, you must notify us of the changes immediately.

5.0 CONSEQUENCES OF TERMINATION OR REMEDIES If you or we terminate the contract or any part of it, either by valid notice or mutual agreement, all of the following consequences will apply to the contract or the part of it that is terminated:

1. You will be liable for any adverse movement in the underlying metal price based on the difference in the global market spot price from when your order was placed and when the termination is accepted by us, multiplied by the precious metal content of your item(s).
2. A termination fee will be incurred.
3. You may have to provide payment for additional services such as delivery of goods to you.
4. All sums payable to us in respect of the period up to and including the date of termination will fall immediately due and payable. This includes sums referred to in paragraph (1) immediately above, and fees and charges for any default or problem. You must pay those sums to us immediately.
5. Our obligations under or in connection with the contract will cease to apply, and we will no longer meet those obligations. This includes any obligation to complete transactions and/or to provide services which are terminated.
6. We do not breach the contract or any other obligation to you, or become liable to you, purely by virtue of terminating the contract or any part of it (provided we do so validly), and the same applies if you terminate validly. We also do not breach the contract or any obligation to you, or become liable to you, by virtue of exercising our remedies (provided we do so properly).

5.1 Termination or exercise of our remedies will not affect your or our accrued rights and remedies. Provisions in these terms and conditions which expressly or by implication have effect after termination will continue in full force and effect.

5.2 OUR REMEDIES We will act reasonably and proportionally when exercising our remedies.

5.2.1 Reliance on your order We are entitled to rely on your order as being complete and accurate. It is your responsibility to ensure that the order is complete and accurate. Whilst we will carry out ID verification and check that your order contains the information we need, we read your order for our own purposes and may not pick up errors or omissions. You cannot rely on us to detect your errors or omissions. If we have to deal with errors or omissions it may be a default or problem.

5.2.2 Additional information You must provide additional information if we ask for it and our request is reasonable. If you fail to provide such information when asked it will constitute a material breach by you. It will always be reasonable for us to ask for information relating to the preconditions.

5.2.3 Indemnity against tax You must indemnify us on request against all or any direct or indirect taxes, duties, levies or similar payable by you in any jurisdiction in relation to any contract, including for supply of goods or services. This means that if we are asked to make any such payment for you, you must reimburse us.

5.2.4 Our right to withhold your property We can hold on to any item(s) that belong to you or that you order, if you owe us any payment or other sum. If you ask us for our delivery service we will not be obliged to provide any of those services until you have paid the outstanding sums as well as the price for the order for the service(s).

5.2.5 Set off We may at any time set off any sum of money you owe to us against any sum of money that we owe to you, whether or not either liability arises under the contract. If we exercise this right validly, it will constitute a default or problem and you will have to pay our tariff. We may only exercise this right if we have asked you in writing for payment at least 5 working days previously and we have not received it. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law.

5.2.6 Set off against item(s) We have this right if we provide our storage service for you. If we are entitled to exercise our right of set off, above, and we owe you no money or less than the amount you owe to us, we may exercise our right of set off against item(s). This means we will deduct from your goods that we store for you or which we hold ready for delivery some item(s) up to the value of the money you owe us. We are unable to cut your goods, so if fractions are left over after we have exercised this right we will pay you the value of the fractions left over.
We will exercise this right based on the value of your item(s) which we exercise the right against, as at the time when we exercise this right.
If we exercise this right validly, it will constitute a default or problem and you will have to pay our tariff. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law.

5.3 VAT We will charge and collect from you, and you must pay, value added tax (“VAT”) at the rate applicable to the goods and services under the contract.

5.4 DATA PROTECTION By submitting an order or offer to us you give us your explicit consent allowing us to use your personal data as described in the privacy statement. We use your personal information as a data controller. The privacy statement is subject to change. The latest version is always available on our website. Your consent applies to the privacy statement as it stands at the date and time when you provide personal data and when we use it.

You agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
Your email address is essential in order for us to be able to supply you with important information such as order confirmations and changes to the service, By registering with us you accept that your email address may be used to supply you with such information.

You can withdraw your consent at any time. This will constitute a default or problem because it will make it difficult or impossible for us to perform the contract or do anything else with or for you, and it may constitute a material breach by you.

5.5 GUARANTEE AND COMPENSATION SCHEMES No guarantee funds or other compensation arrangements apply in relation to any of our goods or services or to any payment or transaction.

5.6 GENERAL Entire agreement The order or offer as accepted by us, and these terms and conditions, and documents referred to in these terms and conditions, constitute the entire agreement between you and us concerning the contract. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the agreement. You acknowledge that we have not provided you with any financial, investment or tax advice.

5.6.1 Exclusive status of these terms and conditions These terms and conditions apply to the contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, unless they are written in the order or offer which we accept.

5.6.2 Uncontrollable factors We will not be liable to you as the result of any delay or failure in the performance of our obligations under or in connection with the contract which results from an event or occurrence which is beyond our reasonable control. In such circumstances we may choose to terminate the contract or the affected part(s) of it at any time by giving you written notice.

5.6.3 We are not obliged to buy metal from you. This is the case even if you bought the goods from us.
Normally we will execute your offer or order within 2 working days of the contract being formed, but we may take as long as we consider reasonable in the circumstances. This will be if there are uncontrollable factors, such as any insolvency, if for any reason there is exceptional demand for any of our goods or services, or we are unable to purchase sufficient goods from our suppliers to fulfil orders.

5.6.4 Authenticity When you buy item(s) from us it is a sale by description. Subject to these terms, “Storage of allocated goods”, if you wish to challenge the quality and authenticity of any item(s) you must do so by sending us written notice, which we must receive within 10 working days of you receiving the item(s) via our delivery service.

5.6.5 Rights under the contract We may assign the contract, transfer the contract to someone else, make it subject to mortgage or charge, or deal in any way with our rights under it. Your rights under the contract are personal, however you may deal with them in these ways with our written consent.

5.6.5 Username and password Security It is your responsibility to ensure the confidentiality of your account username and password, and to inform us immediately if you have any reason to believe that your password has become known to anyone else. We cannot accept any responsibility for unauthorised use of your account where this is not the case.

5.6.6 Notices Any notice or other communication under the contract must be given in writing.

• You must address notices to us at our registered office address and they must be sent by “Signed For” Royal Mail post or similar, or by delivery in return for a written receipt by courier. Notices may be given by email but must be forwarded to the intended recipient by post or courier or personal delivery. Notices will be deemed delivered on the date signed for.
• We must address notices to you at the address which you provide as ID and which we verify or to the email address you provided for your user account. If either address changes you must tell us.

5.6.7 These notice provisions do not apply to the service of any legal proceedings or other documents in any legal action.

5.6.8 Third parties A person who is not a party to the contract shall not have any rights to enforce its terms or conditions.

5.6.9 Variation Except as set out in these terms and conditions, no variation of the contract, including any additional, supplementary or special terms and conditions, shall be effective unless it is agreed in writing and signed by us.

6.0 LANGUAGE We communicate in the English language. Our website, other communications with you, and all our dealings with you before the contract, will be conducted in English, and these terms and conditions are available only in English.

6.1 APPLICABLE LAW The laws which apply to our dealings with you before the contract and to the formation of the contract, and which apply whilst the contract is in force, are the laws of the United Kingdom.

6.2 DISPUTES If you wish to dispute any matter relating to the contract you may raise the matter in writing addressed to our registered office address, for the attention of the Directors. We will respond within 20 working days.

6.3 JURISDICTION FOR DISPUTES The courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim (whether or not it is contractual) arising out of or in connection with the contractor its subject matter or formation.

6.4 PURCHASE OF GOODS *Ordering process To buy goods from us, clause 2.4, above, applies. The order must specify which item(s) you wish to buy. Before we fulfil the order, the preconditions must be met.

6.4.1 Price The total price of your order may include our charges for providing any other services provided in connection with the order and charges for delivery (if applicable) in addition to the price of the item(s).

6.4.2 *Ownership and our liability Subject to our rights and remedies stated above, we bear the risk of loss, damage or theft of the item(s) until legal title passes to you.
The time and date when you become the legal owner of the item(s) depends on what item(s) and related services you request from us, and is subject to our rights and remedies under these terms and conditions.

• You buy item(s) and ask for our delivery service Subject to the preconditions, you become the legal owner of those item(s) when we complete our delivery service.
• You buy item(s) and ask us to store them Subject to the preconditions, you become the legal owner of those item(s) when we confirm to you in writing that we have received payment and that your item(s) have been placed into storage.

6.4.3 Note: Once ownership of the item(s) has passed to you they are referred to as your goods for the purposes of these terms and conditions.

6.4.4 Your obligations When you are the legal owner of the item(s) your obligations include paying all relevant taxes, duties and similar in relation to the item(s). Subject to any other relevant provisions of this agreement (e.g. concerning the risks associated with storage, your risks include the risks of loss, theft or damage of the item(s), and of the item(s) causing loss or damage to you or us, or any other person.

6.4.5 Our obligations Subject as above in this clause 6.5 and the preconditions, above, and to our rights and remedies under these terms and conditions, we will sell the item(s) stated in the order to you.

6.4.6 Completion Our obligations to sell the item(s) are completed when you become the legal owner of the item(s), or when we have been released from our obligations under our delivery services in accordance with these terms and conditions.

6.4.7 You can receive allocated goods which you buy from us at the same time as choosing a delivery service or a storage service.

 

6.5 PURCHASE OF GOODS

6.5.1 Ordering process To use either of these services, clause 2.4, above, applies. The order must specify which of the item(s) that you have bought from us (or that we hold in storage for you) you would like to receive, and which of our delivery services you require. Before we will provide the service the preconditions must be met.

6.5.2 Part of your holding If part or all of the items(s) is/are held in storage with us the order must specify precisely which item(s) you would like to receive. If the order is not specific, we will choose for you and you must accept our selection.

6.5.3 Price The total price of your order will include our charges for providing the delivery service.
In the case of stored item(s) if you want to receive delivery of part of your holding we will have to extract all of your item(s) under the order, set aside the item(s) that you require for delivery, then re-vault the remainder of the items(s) which you do not want to receive. You may incur charges for re-vaulting as well as for delivery.

6.5.4 Our obligations Subject as marked above in this clause 6.6 and the preconditions and to our rights and remedies under these terms and conditions, we must provide the item(s) stated in the order via the delivery service stated in the order. Normally we will make the item(s) available within 5 working days of your order, and this is what we will aim to do subject to clause 5.6, above (see “Uncontrollable factors”)

 

6.6 DELIVERY OF GOODS

6.6.1 Place and time of delivery The goods will be delivered by our carrier to the delivery address as stated in the order. The liability for any loss is yours where delivery is subject to a postal redirection or to a PO Box or mail box address, or a house of multiple occupation.

6.6.2 We cannot be held responsible for delays in delivery as a result of stock shortages, due to adverse weather, traffic delays, mechanical breakdowns or other circumstances beyond our control. Any dates quoted for delivery are approximate only and the time of delivery will not be of the essence of the contract.

6.6.3 Note: All orders will be deemed delivered when signed for by any person at the delivery address or confirmed as delivered by our couriers. You must satisfy yourself before requesting any delivery that this will be secure as any loss incurred after the delivery is signed for at the address or confirmed as delivered by our couriers will be your liability. This may particularly be a risk for you if you live in a house of multiple occupation or you choose delivery to a work address.
You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with and instruct the courier to return the item to us. We cannot accept any liability for loss once a package has been accepted by any person at the delivery address.

6.6.4 Delivery in instalments We may deliver the item(s) by instalments. This means that the order will be delivered in two or more separate packages. If we do this, each package will constitute a separate order, under a separate contract. If there is any delay or other problem with delivery of one package you will have rights and remedies under these terms and conditions in relation to that package, not the other packages.

6.6.5 Investigation of non-delivery We are entitled but not obliged to investigate cases of non-delivery. We will consider investigating particularly if we suspect fraud. We may commission others, including investigators and professional advisers, to assist with any investigation.

6.6.6 Fraud If you (either alone or with others) are found to have acted fraudulently in relation to non-delivery, we will have no obligation to attempt fresh delivery of replacement item(s). This will apply if you are found to have acted fraudulently by (1) any court or tribunal finding or decision, or (2) reasonable grounds for a suspicion established by any investigation by us or any law enforcer.

6.6.7 Indemnity against loss You must indemnify us on request against all and any of our costs (including time spent by our staff) and expenses reasonably incurred in exercising our right to investigate non-delivery reported by you. This means that if we ask, you must reimburse us. This indemnity will be disapplied if you or our investigation into non-delivery can demonstrate there was no fraud, and that there are no reasonable grounds to suspect a fraud.

6.6.8 Your obligation to accept delivery If no one accepts delivery at the delivery address the item(s) will be returned to us if not collected from the local sorting office. Normally we will try to contact you and attempt to re-deliver them. We do not normally treat this as a default or problem unless (for example) it happens repeatedly.

6.6.9 Ultimately, if we are unable to arrange re-delivery, or if re-delivery fails, it will be a default or problem, and at our discretion we may either (1) sell the item(s) and reimburse you for the sale price of the item(s) after deducting our fees, charges and costs, or (2) move the item(s) to storage with one of our subcontractors which will incur our storage and delivery service fees.

6.6.10 Exclusion of our liability if you delay or fail to take delivery We will not be liable to you for any delay in delivery of goods to you or for any non-delivery, if it is caused by: (1) you being unavailable, (2) your instructions (or lack of instructions) relevant for delivery, or (3) by a person or factor that is outside the control of us or our carrier (e.g. traffic or emergency) or that is within your control.

6.6.11 Completion Our delivery service is complete when we have completed our delivery obligations under these terms and conditions, or when we have been released from those obligations in accordance with these terms and conditions.

6.6.12 If requested by you as part of your order, we will arrange for the Allocated Storage of your goods in a secure vault.

6.6.13 Allocated Storage Your goods will be separately identifiable, and will be completely segregated from those of other customers.

 

6.7 SECURE ALLOCATED STORAGE

6.7.1 Ordering process To use our storage service, clause 2.4, above, applies. The order must specify which of the item(s) that you have bought from us you would like us to provide our storage service for. Before we will provide the service the preconditions must be met.

6.7.2 Minimum period of storage There is no minimum period of storage. We will not refund storage fees paid in the current storage cycle, should you decide to arrange either sale or delivery during this period.

6.7.3 Storage of your goods We provide our storage service for you to place your goods into storage immediately after you buy them from us. If you store them somewhere else first, then order our storage service, we will decide at our discretion whether to provide our storage service. If we agree to provide our storage service, your goods will be stored on an “as-is” or “said-to-contain” basis and we will not be responsible for the authenticity of the item(s) stored, which means you may not exercise rights under clause 5.6, “Authenticity”.

6.7.4 Price If your order requests storage of your goods the total price will include our charges for providing our vaulting service to deliver your goods into our storage facility.
We reserve the right to vary our prices for our storage service at any time and will give you 30 days’ notice of any changes.

6.7.5 Payment You must make payment for our storage service by paying in arrears. Storage fees are billed bi-annually, in March and September each year. You will be informed of your billing frequency when placing your order, and any changes to this will be notified to you no less than one month in advance of any payment being taken.

Your first payment may cover a different period than the usual billing frequency. To use our storage service you must already be an account user, and you must continue to be an account user until our storage service is completed. If you cease to be an account user for any reason we may terminate the storage service we provide for you.

6.7.6 If a payment is due on a date that is not a working day, the payment must be received by us on or before the last working day before the due date.

6.7.7 Note: if there is a problem with payment for our storage service we will contact you and try to resolve it. Non-payment is a material breach by you and ultimately our rights in clause 4.4 and 5.2 will apply.

6.7.8 Our liability for storage service We are responsible for arranging for storage of your goods with our subcontractors.

6.7.9 We are responsible for ensuring that, under our contracts with the subcontractors, our subcontractors bear the risk of loss, damage or theft of your goods from the start of our storage service until it is complete, and that they maintain appropriate insurance against the risks.

6.7.10 If any of the goods held by our subcontractors under the contract are lost, damaged or stolen, we will work with you to enforce our rights and remedies against our subcontractor and their insurer(s) on your behalf.

6.7.11 For any accepted claims we will endeavour to work with our subcontractor to replace your item(s) with like for like or equivalent item(s) agreed by you, but reserve the right to arrange for our subcontractor or its insurer to reimburse you in the form of cash reimbursement (Sterling).

6.7.12 The maximum liability of our subcontractor in respect of our storage service shall not exceed the then current value of your goods that were lost, damaged or stolen. Our entire liability in respect of our storage service shall not exceed the cap stated in clause 3.1, above.

6.7.13 This limitation of liability applies only whilst your goods are inside the premises where they are stored. When they are outside those premises they are subject to our delivery service and the relevant section, applies to our liability.

6.7.14 Taxation You acknowledge we will not be held liable for any taxes, duties or levies generated as a result of you entering into a contract with us either now or in the future. It is a condition of the contract that if you need tax advice either now or in the future you must rely on your own tax/accounting adviser.

6.7.15 Your right to remove your goods from storage You can request delivery of your goods from storage at any time after the commencement date. This is subject to the following.

1. To use our storage termination service, clause 2.4, above, applies. The order requesting this service must specify which item(s) you wish to bring out of storage, and which of our delivery services you require.
2. Before we will provide the storage termination service the preconditions must be met.
3. The price of our storage termination service may include our charges for providing our storage termination service and will include our charges for providing our delivery services (as stated in the order).
4. The termination of the storage service will not take effect immediately, because it will take us time to provide the services that we must perform as a consequence of termination. Termination will take effect when our storage service is complete.
5. You must pay any taxes due prior to delivery which we will collect on your behalf and account for to HMRC

6.7.16 Cancellation of reoccurring card payments If you cancel your instruction to us or if we are for any reason unable to obtain payment via your debit/credit card instruction we will try to contact you and arrange alternative payment. If we are unable to resolve the situation with you it will constitute a material breach by you, and may also constitute a default or problem. In any such case we may ultimately terminate the storage service we provide for you, or treat it as being terminated, and we may be entitled to terminate the contract. Wherever possible we will try to contact you and give notice before we take such steps.

6.7.17 Our right to terminate storage services As set out above, we will work with you to try and find a solution when a default or problem occurs. In cases which cannot be fixed, or if the attempted solution does not work, we reserve the right to exercise our rights in relation to our storage service. We may be entitled to suspend our use of your payment account or user account, or to cancel your user account or reoccurring card payment instruction. We may also be entitled to terminate the storage service or even to terminate the contract.

6.7.18 We reserve the right to terminate the storage service at any time on providing you with 90 days notice. If you do not arrange for delivery of your goods or to sell them then we have the right to sell your goods at the then current market price and will send any proceeds less our relevant charges to your payment account.

6.7.19 Consequences of termination As a consequence of termination you will incur our charges for providing our storage termination service. Unless you tell us in writing we will automatically provide our delivery service, using our most secure available delivery service to you at the delivery address verified or given as part of the ID.

6.7.20 Our obligations Subject as above, the preconditions and to our rights and remedies under these terms and conditions, we will arrange for your goods to be stored in storage facilities provided by our subcontractors.

6.7.21 Changes in our service or facilities If your goods are stored with us for a long time the exact features of our service or facilities may change. For example, we may change the subcontractor that we use to help us provide the facilities and some of the services, and the new subcontractor might do things differently from the old one. We may also choose to change the services or facilities for our business purposes, or to introduce new or improved features.

6.7.22 We will never reduce the level of security that is afforded to the storage of your goods without notifying you before the changes come into effect, and giving you the opportunity to terminate the storage service if you do not like the changes.

6.7.23 We may however make any other changes without your consent or approval. We consider this is reasonable because if there is no impact on the level of security provided, there is no impact on the essence of our storage service.

6.7.24 Changes by you We choose the locations and subcontractors for our storage service. You have no right to change the location of the vault where goods we hold for you are stored unless we offer this as a service. You can move goods only using our delivery services as above.

6.7.25 Completion Our storage service is complete when we have completed delivery obligations as part of our storage termination service, or when we have been released from those obligations in accordance with these terms and conditions.

6.8 SELL YOUR METAL

6.8.1 Warning: the prices of metal are subject to fluctuation: see clause 4.2 “Risk Notice”, and clause 5.6 “Uncontrollable factors”. When you sell metal the payment you receive could be less than you original paid for it.

6.8.2 Ordering process To sell metal to us, clause 2.4, above, applies. The offer must specify which item(s) you wish to sell. Before we will buy the metal from you, the preconditions must be met.

6.8.3 Price The price of your offer will usually be based on a percentage of the then current global market spot price for the quantity and type of metal you wish to sell as stated on the website or confirmed by us on the telephone.

6.8.4 Note: If when received, the quantity or type of metal differs from that originally agreed in the offer we will provide an alternative offer which you may choose to accept or decline.

6.8.5 Your warranty when we buy You warrant to us that you meet our metal-selling standards. A warranty is a statement of truth. If it proves to be untrue, you will be liable to us for all loss and damage that we suffer as a result.

6.8.6 Your promise when we buy You agree that you do or will meet, perform and comply with the metal-selling standards.

6.8.7 Assurance from you You must do and complete all acts, deeds and things, and sign all documents, as necessary to complete the sale and make us the legal owner. If another person (such as a co-owner or trustee) needs to do anything to make us the legal owner, you must ensure they do what is necessary. If there is anything that you or another person could do that would prevent us from becoming and remaining the legal owner, you must ensure those things are not done. If you fail to meet all the requirements fully and we ask you to put them right it will be a default or problem, and you must put things right immediately.

6.8.8 Packaging and delivery Except in relation to items stored with us at the date of sale and in their original undisturbed packaging, you are responsible for packaging metal and evidence of your ownership of it as well as other items required to meet the preconditions, and for delivering them to us or arranging a carrier to deliver it to us for you. You are responsible for any costs of packaging, travel and your chosen carrier’s charges.

6.8.9 Ownership and your liability You bear the risk of loss, damage or theft of the metal or (if applicable) evidence of your ownership and other items we require you to supply to us, until we are the legal owner or have confirmed receipt in writing or by telephone to you.

6.8.10 The time and date when we become the legal owner of the metal is the time and date when, subject to the preconditions, we confirm receipt of the metal (as applicable) and confirm in writing or by telephone to you that we accept your offer.

6.8.11 *Our remedies if things go wrong We will always consider whether a situation can be fixed. If it can, we will try to contact you and work with you to try and sort out what has gone wrong. If in our view it cannot be sorted out, or if we try but it is not resolved, we may exercise any of our remedies in clause 5.2. In the case of a material breach by you on your part we may terminate the contract.

6.8.12 Our obligations when buying Subject as marked above, and to the preconditions and our rights and remedies under these terms and conditions, upon receipt by us of the metal if we choose to accept the offer we will confirm our acceptance to you in writing or by telephone and make payment to you for the metal in the amount stated in the accepted offer.

6.8.13 Payment We will only make payment on a working day. Normally we will make payment on the same date that we accept the offer. For larger offers, however, and particularly where there are uncontrollable factors (see clause 5.6) we will make payment in accordance with our obligations above within 7 working days of our acceptance of the offer.

6.8.14 Completion Our obligations to buy the metal are completed when we become the legal owner of the metal

6.9 PROMOTIONS

6.9.1 The details of any special offer/promotion will be published on our website.

6.9.2 Excluded from participation in any special offer/promotion are staff and relatives of the SuisseVault (including its subsidiaries) and cohabiting partners or family of the aforementioned employees. As well as any participants/suppliers in respect of the particular special offer/promotion (including advertising agencies, advertisers, sponsors or suppliers).

6.9.3 All participants in any special offer/promotion are obliged to provide accurate, current and complete information when participating in the special offer/competition. As a result of you participating in a special offer or promotion we may request proof of identification and residence information.

6.9.4 We are entitled to, at our discretion and without notice, change or modify any special offer or promotion we offer.

6.9.5 All members participating in the special offer/promotion must live in the United Kingdom and each special offer/promotion is limited to one person per household unless otherwise stated.

6.9.6 If you fail to claim any product or service on special offer within a reasonable time frame you will lose your right to claim the product or service which is on special offer/promotion.

6.9.7 The special offer/promotion is not transferable, exchangeable or payable in cash or other products or services.

6.9.8 Any person participating in an offer/promotion must not spam or use unsolicited email.

6.9.9 We have the right to disqualify participants from any offer/promotion at any time and without giving prior notice.

 

 

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