GENERAL CONDITIONS OF CONTRACT FOR ON-LINE GOLD SALES
1.1 These General online Sales Conditions (from now on known as “GSC”) govern the sales contract stipulated for the sale of gold for investment (from now on known as “product/products”) offered by the Bancometalli Italiano S.p.a., (“BMI s.p.a.”) based in Catanzaro, Italy, address: via Lucrezia della Valle n 17/h, partita iva, C.F. and enrollment number with the Registro Imprese of the CCIAA of Catanzaro 01037510524, capital €1.000.000,00 I.V., enrollment number on the list of professional gold operators of the Banca d’Italia 5002118, to the buyer (from now on known as “client”), by way of its Internet site www.goldinvestbmi.com (from here on known as "SITE").
2. APPLICATION AND MODIFICATION OF THE GSC
2.1 The GSC considered applicable to the sales of the product will be those present on the site on the date of the order of the product. Therefore, the client must verify the applicable GSC at the moment of the placement of the order (online sale).
2.2 BMI s.p.a has the right to modify the GSC at its discretion. In case of modifications, they will be valid from the moment of their publication on the BMI s.p.a internet site and will be binding for the contracts made from that point on.
The present GSC will be considered read, understood and accepted by the client at the moment the order is sent (“Confirm Order”, present on the BMI s.p.a. site). In the case of existing clauses or conditions not present in or contrary to these GENERAL CONDITIONS OF CONTRACT are not binding unless exclusively set down in writing between the BMI s.p.a and the Client.
2.3 In the case that any of the present GSC be considered invalid, null or inapplicable for any reason by the client, this does not alter its validity and all the GSC are still binding.
3.1 The contract governs the sales of:
- Gold investment bars equal or superior to .995 purity in various sizes and weights (the product), as seen on the site. These are produced by the most accredited international smelters, members of the London Bullion Market Association (L.B.M.A.), with the production qualification of London Good Delivery (L.G.D) required by the world’s foremost stock markets for wholesale bars. The product is certified directly by the producer with the impression of the trademark and serial number on each bar together with a certificate of quality;
- Gold coins equal or superior to .900 purity coined after the year 1800, available in various sizes and weights as seen on the site. The coins are guaranteed and certified.
4. SALES PROCEDURE
4.1 The technical phases to be followed for the conclusion of the contract are as follows:
- The client must register (sign up) on the site, communicating his/her email address and password, which are his credentials for subsequent access to the site.
- The registered client thus gains access to the online shop, where the various offers and prices of the product can be evaluated.
- After selection of the desired product, the client then proceeds to checkout where he can evaluate the shipping charges and the estimated date of arrival of his selections. In this phase, the final price of the product is determined.
- In order to confirm the order, on the same day that the client selects his purchases he must produce, print, sign and send the following document via fax or email to the BMI s.p.a
- Confirmation of Purchase/Order;
Only after the receipt of these documents will the BMI s.p.a start processing the order by sending an email of confirmation to the CLIENT. Both the documents must be correctly filled out and signed within the specified time limit.
QIf, because of the size of the order, it becomes necessary to integrate the aforementioned documents with ulterior data and/or information, the BMI s.p.a reserves the right to request these from the client, via email. The compliance of the client is necessary to validate the order.
5. PRICE AND METHODS OF PAYMENT
5.1 The sales price of the product is that calculated and shown on the BMI s.p.a site at the moment the client proceeds to checkout.
5.2 The price is composed of the wholesale value of gold based on the official LBMA London stock market quotation the day the order is made together with the manufacturing, packaging, sales, and insurance charges shown on the site of BMI s.p.a. and Goldinvestbmi..
Transportation costs are not included.
5.3 Payment is made by the client either by PayPal or bank transfer through the system Sofort Banking, with the client following the indications present in the checkout area of the site; after the agreement is concluded, the transfer of funds will be activated after the reception of verification of the documents mentioned in point 4.1 by the BMI S.p.A.
5.4 The client must make payment within one (1) working day, starting from the moment the confirmation of the order is sent to the BMI s.p.a. . The payment receipt must be sent either via fax to 0961.795274 or via email to firstname.lastname@example.org.
6. FORMULATION AND CONCLUSION OF CONTRACT; EXCLUSION OF RIGHT OF WITHDRAWL
6.1 The confirmation of order website page together with the present GSC and the sales price of the product calculated as described in article 5, constitute a formal sales proposal on the part of BMI s.p.a.
6.2 The contract is concluded when the client sends the correctly and completely filled out confirmation of order together with the signed GSC for private clients and required attachments.
6.3 The contract is considered to be a contract at a distance (off-premises contract) according to Italian Law (ai sensi dell'art. 50 e ss. del D.Lgs. 6 settembre 2005, n. 206 ,"Codice del Consumo") and has the sale of a product the price of which depends on its daily quotation on the international stock markets as its offered goods; consequently, as set forth in the Italian Law (successivo art. 59 comma 1 lettera b del medesimo Codice del Consumo) the client may not withdraw from said contract once it is concluded.
7. DELIVERY OF PRODUCT
7.1 The delivery of the product will be made exclusively to the address specified by the client during his sign up on the site.
7.2 The transportation and delivery of the product will be carried out directly from BMI s.p.a. by certified armoured cars having the required Public Safety authorization within three (3) working days from the conclusion of the contract if the product is immediately available and within six (6) working days otherwise. BMI s.p.a. will send the product together with the invoice. Delivery will not be made outside of Italy
8. DELIVERY FAILURE
8.1 In case of delivery failure, the product will be deposited at the headquarters of the armoured courier free of charge; BMI s.p.a will contact the client via email or registered post, informing him of the missed delivery, and the client must provide for pick-up at his own cost within ten (10) working days after the communication. In case of pick-up failure within the above-mentioned period, the sale will be considered null according to Italian Law (ai sensi dell’art. 1456 C.C.) and BMI s.p.a will refund the client’s payment, less a 20% penalty and a balance (to give or take) based on the oscillations of the price of physical gold on the time period between the sale and the anullment.
9. SELLER’S GUARANTEE AND CUSTOMER COMPLAINTS
9.1 BMI s.p.aguarantees the following:
- the purity of the gold bars it sells, equal or superior to .999,5
- the legitimacy of the origin of the product and its negotiability;
- the fastest possible delivery of the product in compatibility with the schedule of the armoured car couriers, but in any case between 3 and 6 working days after the conclusion of the contract;
- the integrity of the package at the moment of delivery;
- that it is authorized by the competent authorities to negotiate in gold for investment;
- the submission of the contract to the law in terms of legal compliance and conformity to the commercial guarantees in act for consumer goods according to applicable community and national legislation (among which the Codice del Consumo).
BMI s.p.a. does not take responsibility for any mere economic loss, loss in value of precious metals or currency, loss of profit, loss of commercial activity or other, in the case that any of these losses has a direct or indirect connection to the present general conditions or consequences of any type that arise from the same.
9.2 In accordance with the law, (ai sensi della Legge 206/2005--Codice del Consumo), the client may present a complaint by written communication to the following address: Banco Metalli Italiano s.p.a., Ufficio Reclami, Viale Lucrezia della Valle 17/h, Catanzaro. During the period the client is waiting for the outcome of his complaint, he must conserve the gold bars in their original packaging, intact, together with the manufacturer’s certificate.
10. DOCUMENTS, DECLARATIONS AND RESPONSIBILITIES OF THE CLIENT
10.1 The client declares and guarantees the following:
- to be a consumer as defined by law (art. 3 del Codice del Consumo);
- to be of legal age and to have the necessary legal requisites to stipulate a contract and to use the internet site of BMI S.P.A. in conformity with the present GSC of contract;
- that the data furnished by the client for the conclusion and execution of the contract are correct, complete and true.
- that he is acting in his own name and for himself;
- that the money used by him to conclude the transaction comes from legitimate sources and, where required, has been declared to the Financial Administration and that all applicable duties and taxes have been duly paid.
11. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
11.1 BMI s.p.a. makes known that its site, its presentation , and all the brand names and trademarks used by BMI s.p.a. in connection with the sales of its products are protected by the rights of intellectual and industrial property, and so prohibit any form of reproduction, communication, distribution, publication, alteration or transformation in any way and for any reason as regards the contents of the site, of the brand names and of the trademarks used by BMI s.p.a. (such as the works, the images, the photographs, the drawings, the dialogues, the presentations, the music, the sounds, the videos, the graphics, the colors, the functions or the design of the site).
11.2 BMI S.P.A. does not assume any responsibility in connection with any of the brand names or trademarks that appear on the products commercialized on the site, nor does the client acquire any type of right or claim with the conclusion of the contract.
12. PROTECTION OF PERSONAL DATA
12.1 BMI S.P.A. is the owner of the personal data collected during the registration of the client on the site, besides the data communicated successively during the sales transaction.
For further information on the handling of personal data (art. 7 del D. lgs. 196/03) see the detailed information furnished during client registration on the site. It is always available.
13.1 In case of controversies consequent of, connected to, linked to or dependent on the acquisition of products and/or services on this site, parties are referred exclusively to the jurisdiction of Catanzaro (CZ) Italy.