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AmsterdamGold Terms And Conditions

Article 1. General

 

1.1 InkoopAmsterdamGold.com (known as AmsterdamGold on the English website) is part of AmsterdamGold B.V., established in Pelikaanweg 8 at Schiphol. These General Terms and Conditions (hereinafter referred to as: GTC) are applicable to all agreements regarding the purchase of bullion by InkoopAmsterdamGold.com (hereinafter referred to as: IAG) from third parties (hereinafter referred to as: the Seller), including all the associated proposals, quotations and offers.

 

 

1.2 Any general terms and conditions of the Seller shall not apply.

 

 

 

 

Article 2. Seller's guarantees

 

2.1 The Seller guarantees that he has acquired the bullion on offer lawfully, to have full ownership, to act under his own name, not representing another party (or parties), also not by proxy, unless acting by proxy has expressly been agreed to in advance between the Parties.

 

 

2.2 The Seller guarantees that the bullion being offered is not subject to the rights of third parties, including a lien or right of usufruct. Furthermore, the Seller guarantees that the bullion being offered is not subject to a claim or (legal) dispute.

 

 

2.3 The Seller guarantees that the bullion being offered are real, and shall indemnify IAG again all claims and losses that may arise should investigation by IAG prove that the bullion being offered doesn't possess the qualities indicated by the Seller.

 

 

2.4 The Seller is at least 18 years old and should identify him/herself at IAG. IAG keeps a copy of the seller's ID for its administration.

 

 

 

 

Article 3. Transport

 

3.1 The Seller can choose to be personally responsible for transport of the bullion to IAG. All transportation costs and risks of loss of, or damage to the bullion shall in that case be accountable to the Seller. If required, the Seller shall in that case arrange for adequate insurance of the bullion during transport. IAG accepts no liability for loss of, or damage to the bullion during transport organised by the retailer itself.

 

 

3.2 The Seller can also choose to make use of (if available) a (free) return package provided by IAG, in which the bullion can be sent to IAG via Post NL.  With this mode of transport, the Seller is also responsible for proper packaging of the return package.

 

 

3.3 In case of shipment using the return package, the Seller must retain the shipping document as proof of dispatch to IAG.

 

 

3.4 It is also possible for an AmsterdamGold driver to pick up the bullion at the Seller's address, at payment of a fee determined by IAG. The collection of the bullion is done by the driver under issuance of a receipt. In this case, IAG carries the insurance cost of the bullion during transport.

 

 

 

 

 

 

 

Article 4. Valuation

 

4.1 Upon receipt of the bullion by IAG, the authenticity and value, where applicable, shall be determined by an appraiser on the basis of authenticity, number of carat and the actual exchange rate of the relevant bullion. This value will, if possible, be reported to the seller within 24 hours after receipt of the bullion.

 

 

 4.2 In the event that IAG has to damage the bullion being offered in order to carry out a proper valuation, the Seller shall first be informed. The valuation will in that case only be carried out after prior consent of the Seller. In that case, IAG is not be liable for any (permanent) damage to the bullion.

 

 

4.3 In the event IAG disapproves or rejects the bullion being offered, it shall have the right to return this at the expense of the Seller or to store it at the risk and expense of the Seller.

 

 

 4.4 When the bullion being offered involves articles that are provided with a daily value on the IAG website, IAG's (on-line) quotation shall be subject to the assessment referred to in article 4.1.

 

Article 5. Bid acceptance, price and payment

 

5.1 All price lists provided by IAG, as well as all other conditions imposed by IAG in that regard, shall be construed as a quote, yet are never intended to represent an offer that can lead to an agreement by the mere acceptance of the Seller. Quotes should only to be considered as an invitation to the Seller to place an order with IAG.

 

5.2 The bullion price set by IAG is valid for a period of up to 24 hours after written notice thereof (including communication via e-mail) to the Seller. If the Seller doesn't accept IAG's offer within this period, no agreement shall arise and the bullion is returned to the Seller within 10 days, at the expense and risk of the Seller. IAG reserves the right to revoke a quote in case of strong currency fluctuations.

 

 

When the Seller accepts IAG's offer, IAG will proceed to pay the agreed price as soon as possible, and not later than within 14 days after acceptance, on a bank account indicated by the Seller. Payment in cash is not possible. After acceptance, the agreement is final, and the return of the bullion to the Seller is no longer possible.

 

5.4 Each bullion listing by the Seller through the shopping cart on the website counts as an irrevocable offer by the Seller to IAG and can no longer be revoked by the Seller after (on-line) sending the form. With orders via the website, the bullion should be delivered within 3 days of Seller's receipt of IAG's confirmation email, in the absence of which, IAG has the right to terminate the agreement. Any damages and costs are for account of the Seller.

 

5.5 All prices include taxes and fees and include VAT, unless otherwise stated. Prices and payments are indicated and take place in Euro, unless otherwise stated or agreed upon.

 

5.6 When the agreement has been concluded, it cannot be revoked by the Seller, since the value of bullion is subject to currency fluctuations.

 

Article 6. Liability

 

6.1 Parties are liable towards each other for damages due to intent or gross negligence in the performance of their obligations.

 

6.2 In no event shall IAG be liable towards Seller for indirect or consequential damages, including loss of profit or a suffered loss, not even if such damages were reasonably foreseeable for IAG. The limitation of liability applies equally to colleagues, employees, appraisers and all other persons used by IAG for the procurement of bullion.

 

6.3 IAG'S liability shall in all cases be limited to the assessed value of the bullion being offered.

 

6.4 The Seller shall indemnify IAG against any claims by third parties.

 

Article 7. Force majeure

 

IAG will be entitled to suspend all obligations arising out of any agreement with the Seller or to allow it to expire in case of force majeure.

 

7.2  Force majeure means circumstances that Parties did not reasonably have had to consider at the conclusion of the agreement. Force majeure is in any case considered as: war, the threat of war, mobilization, insurrection, sabotage, extreme weather conditions, fire, strike, business and transport disruptions, bank disruptions, lack of raw materials or energy, delay in delivery by suppliers, and/or government measures that renders fulfilment of the obligations impossible.

 

Article 8. Dissolution

 

8.1 The agreement between IAG and the Seller may be terminated in the interim, at any time and without judicial intervention, by written notification by IAG, as a whole or in part, without prejudice to its other rights, including suspension of performance of the obligations arising from the agreement and the claim of full compensation, should one or more of the following conditions occur or is/are likely to occur:

- the Seller's company is liquidated  or discontinued;   

 

- the Seller requests or obtains (provisional) suspension of payments or is declared bankrupt;

 

- the Seller loses the power of disposal over his assets or parts thereof through seizure, administration or otherwise, while this power of disposal has not been regained within 4 weeks after losing it;

 

- the Seller must reasonably be deemed to no longer being able to fulfil his obligations under the agreement.

 

8.2 In the event of dissolution of the agreement, all claims which Parties have on each other mutually, are immediately due and payable.

 

Article 9. Applicable law

 

9.1 Dutch law is applicable on all legal relationships between IAG and the Seller. All possible disputes that may arise between IAG and the Seller, will be submitted to the competent court in Amsterdam for dispute settlement.

 

Article 10. Final stipulations

 

10.1 IAG reserves the right to change the GTC from time to time. Should one or more provisions of the GTC prove to be ineffective, the remaining provisions of the GTC will nevertheless remain in force between the Parties. The Parties undertake to replace the non-binding provisions with valid provisions, which will differ as little as possible - considering the nature and scope of the GTC  - from the non-binding provisions.

 

10.2  These General Terms and Conditions are registered at the Chamber of Commerce under number 33.17.49.47

 and are also published on the IAG website. A copy of these terms may be sent free of charge upon request.

 

10.3  The Dutch text of the GTC is binding in the event of a dispute regarding the content or scope thereof.