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Terms & Conditions
This website (www.chipgold.co.uk) is operated by Goldart (UK) Limited T/A chipgold
(referred to as "Goldart (UK)/chipgold/we/our/us"). As a user of this website (referred
to as "you/your") you acknowledge that any use of this website by you including
any transactions you make ("use/using") is subject to our terms and conditions below
(which includes any other important hyper-linked sections e.g. How to Use this Site,
Returns Policy and Privacy Statement.. By using this website you are accepting the
following terms and conditions and confirm that you are at least 18 years old or
if you are not at least 18 years old , that you have the authority/consent of your
parent or guardian to do so. Please make sure you: Read through these terms and
conditions carefully before using this website as your use of the website will signify
your agreement to be bound by them. If you do not accept these terms, please do
not use this website. Print a copy for future reference. Also read our Also read
our Privacy Statement section regarding your
personal information.
General
1.1
We reserve the right to change these terms and conditions at any time. Any such
changes will take effect from when they are posted on the website (see date at the
top) and it is your responsibility to read the terms and conditions on each occasion
that you use this website. Your continued use of the website shall signify your
acceptance to be bound by the latest terms and conditions.
1.2
If you are not a consumer, you confirm that you have authority to bind
any business on whose behalf you use this website
Order process
2.1
All orders that you place on this website will be subject to acceptance
in accordance with these terms and conditions.
2.2
The 'confirmation' stage sets out the final details of your order. Following
this, we will send to you an order acknowledgement email detailing the products
you have ordered. Please note that this does not mean that your order has been accepted.
Your order constitutes an offer to us to buy a product. All orders are subject to
acceptance by us.
2.3
We do not file details of your order for you to subsequently access direct
on this website, and you are therefore advised to print out these terms and conditions
together with the order acknowledgement for your own records. If you wish to obtain
specific details of your previous orders please
contact us.
Delivery
3.1
This website is only for delivery of products to customers in the United
Kingdom. We cannot deliver to British Forces Post Office addresses.
3.2
Delivery charges and estimated timescales are specified when you place
an order. We make every effort to deliver goods within the estimated timescales,
however delays are occasionally inevitable due to unforeseen factors. Goldart (UK)
Ltd shall be under no liability for any delay or failure to deliver the products
within estimated timescales.
3.3
Risk of loss and damage of products passes to you on the date when the
products are delivered.
Payment
4.1
We take payment from your card at the time we receive your order, once
we have checked your card details and stock availability. Goods are subject to availability.
In the event that we are unable to supply the goods, we will inform you of this
as soon as possible. A full refund will be given if you have already paid for the
goods.
4.2
The price you pay is the price displayed on this website at the time we
receive your order. However, whilst we make every effort to try and ensure that
all prices on our website are accurate, errors sometimes occur. If we discover an
error in the price of goods you have ordered we will inform you of this fact as
soon as possible. You will be given the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will treat the
order as cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
4.3
Title to any products you order on this website shall pass to you on delivery
of the products provided that we have processed and received payment in full for
the products.
4.4
All prices include VAT (where applicable) at the applicable current rates
but exclude delivery charges, unless expressly stated.
Returns, Cancellations and Substitutions
5.1
For our refund policy, please refer to Returns Policy.
Intellectual Property
6.1
You acknowledge and agree that all copyright, trade marks and all other
intellectual property rights in all materials and/or content made available as part
of your use of this website shall remain at all times vested in us or our licensors
(as appropriate). You are permitted to use this material only as expressly authorised
by us or our licensors (as appropriate). The content of this website (including
without limitation any text, video, audio, audio-visual materials and graphics)
may not be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means without our prior written consent,
except as stated below.
6.2
You acknowledge and agree that the material and content contained within
this website is made available for your own personal and non-commercial use and
that you may only download such material and content for the purpose of using this
website. You further acknowledge that any other use of the material and content
of this website is strictly prohibited and you agree not to (and agree not to assist
or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
Liability and Indemnity
7.1
Nothing in these terms and conditions excludes or limits liability for
death or personal injury caused by negligence, fraudulent misrepresentation, or
any other liability which may not otherwise be limited or excluded under applicable
law.
7.2
Subject to Section 7.1 above, chipgold.co.uk will use reasonable endeavours
to verify the accuracy of any information on the site but makes no representation
or warranty of any kind (whether express or implied statutory or otherwise) regarding
the contents or availability of the site or that it will be timely or error-free,
that defects will be corrected, or that the site or the server from which it is
made available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the website chipgold will not be responsible or liable
to you for any loss of content or material uploaded or transmitted through the website
and chipgold accepts no liability of any kind for any loss or damage from action
taken or taken in reliance on material or information contained on the site.
7.3
Subject to Section 7.1 above, other than as expressly provided in these
terms and conditions with respect to specific products and except for the exclusive
remedies set out at Section 5 above, any indemnities, warranties, terms and conditions
(whether express or implied) are hereby excluded to the fullest extent permitted
under applicable law.
7.4
Subject to Section 7.1 above, Goldart (UK) Ltd will not be liable whether
in contract, tort (including, without limitation, negligence), pre-contract or other
representations or otherwise arising out of or in connection with these terms and
conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts,
business or anticipated savings); or
loss of goodwill or reputation; or
special, consequential or indirect losses suffered or
incurred by that party arising out of or in connection with the provisions of any
matter under these terms and conditions.
7.5
Notwithstanding the above, subject to Section 7.1 Goldart (UK) Limited's
aggregate liability (whether in contract, tort or otherwise) for loss or damage
shall in any event be limited to a sum equal to the amount paid or payable by you
for the product(s) in respect of one incident or series of incidents attributable
to the same cause.
7.6
This clause 7 does not affect your statutory rights as a consumer, nor
does it affect your contract cancellation rights.
7.7
We will take all reasonable precautions to keep the details of your order
and payment secure, but, unless we are negligent, we cannot be held liable for any
losses caused as a result of unauthorised access to information provided by you.
Miscellaneous Provisions
8.1
The contract between us shall be governed by the laws of England and any
dispute between us will be resolved exclusively in the courts of England. English
is the only language offered for the conclusion of the contract.
8.2
Barclaycard Merchant Services processes all debit, credit and charge card
payments for customers and will retain a handling fee from the transaction value.
The remaining amount will be paid to Goldart (UK) Limited for the goods and services
supplied. The total amount payable by all customers regardless of the means of payment
will be the same, as Goldart (UK) Limited will be incurring the cost of the handling
fee on your behalf.
8.3
Subject to Section 7.1 Goldart (UK) Limited shall be under no liability
for any delay or failure to deliver products or otherwise perform any obligation
as specified in these terms and conditions if the same is wholly or partly caused,
whether directly or indirectly, by circumstances beyond its reasonable control.
8.4
To provide increased value to our customers, we may provide links to other
websites or resources for you to access at your sole discretion. You acknowledge
and agree that, as you have chosen to enter the linked website, subject to Section
7.1, we are not responsible for the availability of such external sites or resources,
and do not review or endorse and are not responsible or liable, directly or indirectly,
for: the privacy practices of such websites, the content of such websites, including
(without limitation) any advertising, content, products, goods or other materials
or services on or available from such websites or resources or the use to which
others make of these websites or resources, nor for any damage, loss or offence
caused or alleged to be caused by, or in connection with, the use of or reliance
on any such advertising, content, products, goods or other materials or services
available on such external websites or resources.
8.5
You may not assign or sub-contract any of your rights or obligations under
these terms and conditions or any related order for products to any third party
unless agreed upon in writing by Goldart (UK) Limited.
8.6
Goldart (UK) Limited reserves the right to transfer, assign, novate or
sub-contract the benefit of the whole or part of any of its rights or obligations
under these terms and conditions or any related contract to any third party.
8.7
If any portion of these terms and conditions is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity or enforceability
of the other sections of these terms and conditions shall not be affected.
8.8
These terms and conditions do not create or confer any rights or benefits
enforceable by any person that is not a party (within the meaning of the U.K. Contracts
(Rights of Third Parties) Act 1999) except:
Goldart (UK) Limited shall have the right to enforce any rights or benefits under
these terms and conditions;
Goldart (UK) Limited shall have the right to enforce and take the benefit of the
rights or benefits of any limitation or exclusion or limitation of liability in
these terms and conditions;
a person who is a permitted successor or assignee under Section 8.8 above of the
rights or benefits of these terms and conditions may enforce such rights or benefits.
No consent from the persons referred to in Section 8.9 is required for the parties
to vary or rescind these terms and conditions (whether or not in any way that varies
or extinguishes rights or benefits in favour of such third parties).
8.9
No delay or failure by Goldart (UK) Limited to exercise any powers, rights
or remedies under these terms and conditions will operate as a waiver of them nor
will any single or partial exercise of any such powers, rights or remedies preclude
any other or further exercise of them. Any waiver to be effective must be in writing
and signed by an authorised representative of Goldart (UK) Limited
8.10
These terms and conditions including the documents or other sources referred
to in these terms and conditions supersede all prior representations understandings
and agreements between you and Goldart (UK) Limited relating to the use of this
website (including the order of products) and sets forth the entire agreement and
understanding between you and Goldart (UK) Limited for your use of this website
The chipgold website is operated by Goldart (UK) Limited
Suite 115/116
100 Hatton Garden
London
EC1N 8NX
Registered Company Number (Incorporated in England): 3620872
VAT Number: 736329913
We recommend you print out a copy of these terms and conditions for your future
reference. If you have any questions regarding this website please
contact us.
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