Terms of service
The Village Goldsmith Terms of Service
OVERVIEW
This website is operated by The Village Goldsmith.Ā Throughout the site, the terms āweā, āusā and āourā refer to The Village Goldsmith.Ā Use of The Village Goldsmith website, including all information, tools, products, and services available from this site to you, the user, are conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our āServiceā and agree to be bound by the following terms and conditions (āTerms of Serviceā, āTermsā), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
RISK
The risk for goods supplied by the Company shall pass to you when you sign for the goods on the delivery of the courier parcel.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
All prices listed on this website are in New Zealand dollars and include GST unless otherwise stated.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Product or Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
GST (15%) is included within the retail price of the item where applicable. If you are purchasing your item from outside of New Zealand then you will not be charged New Zealand GST. You will be responsible for paying any applicable local taxes or duties in your destination country unless you have paid the Duties and Taxes in advance. If you have any questions about this feel free to contact us and we will provide you with more information. If you are planning to travel and take the item out of New Zealand we can assist you in arranging a tax-free purchase.
SECTION 5 - PRODUCTS OR SERVICESĀ
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
At The Village Goldsmith we have a conflict-free diamond policy and take the issue very seriously. Many measures have been put in place over recent years to stop the flow of conflict diamonds. The Kimberley Process has been established which tracks diamonds from the mine to the market. Also many partnerships have been formed with the UN, governments and other organizations that manage diamond exports to prevent the trade of illegal diamonds.
The Village Goldsmith only purchases diamonds through respected diamond suppliers who adhere to our strict zero tolerance policy. For more information on the Kimberly Process Certification Scheme go to http://www.kimberleyprocess.com/
REPAIRS TERMS AND CONDITIONSAn assessment will be carried out by a qualified expert prior to any repair taking place ā this assessment will detail the condition & necessary repair of the item(s). You must disclose if a lab grown synthetic diamond is part of a piece as we do not work with lab grown synthetic diamonds.
The Village Goldsmith accepts no liability in respect of any and all jewellery repairs or delays arising from jewellery repairs which we note are at the customerās risk and this includes shipping to, from and while at The Village Goldsmith.Ā
Any such assessment shall not be relied upon by you, the customer, unless that assessment has occurred by a qualified expert. Any representation by The Village Goldsmith staff in-store and/or on receipt of the jewellery for repair, shall not be relied upon by you, the customer, as an assessment of the value, quality or authenticity of the jewellery item.
We accept no responsibility for gemstones that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to be chipped, cracked, fractured, damaged or not authentic, or for gemstones that become loose during the repair undertaken.Ā
In addition, where you have provided a treated gemstone to The Village Goldsmith, and where this has not been disclosed to The Village Goldsmith at the time of receipt of the gemstone for repair, The Village Goldsmith takes no responsibility for the change of condition of the gemstone due to the repair requiring the removal of any internal and external treatments of the gemstones.
Similarly, The Village Goldsmith accept no responsibility for metals that are chipped, cracked, fractured, damaged or not authentic, or where such an item is discovered during the course of the repair to contain metals that are chipped, cracked, fractured, damaged or not authentic.
Any guarantee noted on your repair does not include damage or issues that arise from wear, accidental damage, misuse or abuse.
In the event that you leave Uncollected Goods with us for over 90 days, you agree that The Village Goldsmith will:Dispose of uncollected goods by way of disposal, auction or private sale for fair value, if you the customer have failed to collect the goods, provided we have given you written notice of our intention to dispose of the goods and you have failed to collect the goods.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
All costs incurred in the recovery of overdue accounts, including but not limited to debt recovery charges, late payment penalties and legal fees will be added to the balance of your account.
An unpaid account may also be recorded on a credit information database held by a credit reporting agency.
TAX FREE PURCHASESWhen you purchase a piece of jewellery from us and you wish to take it out of New Zealand tax free this is the procedure that will occur.Ā Full payment for the piece must be made to the company within a 28 day timeframe, prior to you leaving New Zealand.
After you have cleared customs and immigration at the international airport you will be leaving New Zealand from, you can present your copy of the āTax Free Sales Receiptā at the airport collection point to collect your piece of jewellery. Our staff will give you guidance about where the collection point is located in the airport. You must pick your jewellery up prior to your flight leaving New Zealand. You cannot pick it up on a return flight. If you forget to pick your jewellery up prior to your departure flight you may need to pay the GST tax when you pick it up on your return to New Zealand.
If you are purchasing this piece tax free as a gift, you must present this gift or engagement ring to that person while you are away overseas. If you wish to present this after your return to New Zealand you may be expected to pay the GST tax on your return to New Zealand.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools āas isā and āas availableā without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyās intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
While The Village Goldsmith supports personalised messages and creativity, we have a responsibility to be respectful and comply with New Zealand laws. If opting for personalised engraving or wording on aĀ custom designed piece, the client must agree to follow any restrictions and conduct under New Zealand law. Wording that we consider to be hate speech, abusive, obscene, threatening, defamatory, or racially, sexually, religiously offensive will be declined.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Village Goldsmith, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
WARRANTY
As our jewellery is hand crafted in our workshop, we stand behind all our items. If you have any questions or concerns please contact us on +64 4 473 5253 or contact us through our contact page and we will work to resolve the issue.
All intellectual property on this site, including without limit, the text, graphics and copyright works are owned by the Company.
All of our jewellery is designed by us, is unique and belongs to us. You cannot reproduce our designs, or have a jeweller (other than us), reproduce them for you.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Village Goldsmith and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneysā fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at here.
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THE VILLAGE GOLDSMITH LIMITED (āTHE COMPANYā)GOLD TRADING TERMS AND CONDITIONS
Gold Buying ProgramUpon inspection and/or analysis of your goods, The Village Goldsmith will provide you with a quote for the purchase price of the goods. That quote is The Village Goldsmithās full and final offer to purchase the goods from you at the quoted purchase price. Ā Your agreement to the quote provided by The Village Goldsmith is an irrevocable acceptance of the purchase price offered and a legal agreement for The Village Goldsmith to purchase, and you to sell, the goods for that purchase price. Following purchase, the goods will be recycled and will not be available for resale or repurchase. This service is provided to enable refining and recycling of precious metals, and generally no consideration will be given for gemstones.
Ā
Amendments to Terms and ConditionsWe reserve the right to amend these terms and conditions from time to time without further notice. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions on this website. Your continued use of the website following such amendment will be deemed to be your acceptance of and agreement to be bound by and comply with the terms and conditions as amended. It is your sole responsibility to regularly check the web site to determine if there have been any changes to these term and conditions and to review such changes.
Ā
GOLD TRADING TERMS & CONDITIONS
1. Interpretation
In this agreement unless context otherwise requires:- Account ā means a The Village Goldsmith Limited account held by The Village Goldsmith Limited on your behalf or the purpose of facilitating any product or service, including holding or trading metals on behalf of the client
- Authorised Agent ā means any person you have properly authorised to give trading or funding instructions to The Village Goldsmith Limited on your behalf in connection with your account.
- Available Funds ā means cleared funds, including funds which have been made available by means of direct debit.
- Business day ā means a day in which banks and foreign exchange markets are open for business in Auckland, New Zealand.
2. General.Ā This agreement applies to all dealings between the client (collectively referred to as āyouā or āyourā) and The Village Goldsmith Limited (collectively referred to as The Village Goldsmith Limited, āweā, āourā and āusā) regardless of the facility/devise/mechanism used to facilitate the dealings.
3. We will not be responsible for any loss or liability incurred by you where we do not receive your instructions or where any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device.
4. Upon its commencement, this agreement replaces any agreement that currently exists between you and us and the obligations entered into under the prior arrangement will be treated as if they were entered into pursuant to this agreement.
5. You acknowledge that by placing an order with The Village Goldsmith Limited or creating an account you evidence your acceptance of this binding agreement.
6. Your Commitments - You warrant that all information provided by you in your application is complete and correct and is not misleading, and agree that we may rely on that information unless and until we receive written notice of any change signed by you. Any such varied information will be covered by this warranty.
7. You warrant that you have full capacity, power and are otherwise properly authorised to enter into obligations and exercise rights pursuant to this Agreement. If you are a company, you warrant that you are duly incorporated and validly existing in your jurisdiction of incorporation. If you are the trustee of a trust or superannuation fund and that you have the right to be fully indemnified out of trust assets or the superannuation fund for obligations incurred under the Agreement.
8. You represent that at all times during your dealings with us you will be in a position to meet all your commitments and obligations arising from these dealings.
9. You acknowledge that we do not give personalised advice or make personalised recommendations and that it is therefore your responsibility, before ordering the purchase or sale of any precious metal through us, to assess and evaluate the proposed transaction in the light of your then current financial situation, investment objectives and particular needs.
10. You acknowledge that the type, nature, extent, service provider or platform of any service, product or facility available to you may change from time to time. In such circumstances where it considers it reasonably necessary, The Village Goldsmith Limited provides notice to you of the change.
11. You acknowledge that The Village Goldsmith Limited is not responsible for the reliability, completeness or accuracy of any third party information it provides or makes available to you. The Village Goldsmith Limited shall choose third party providers that it considers suitable and use reasonable endeavours to inform you of any deficiencies (of which it becomes aware) with respect to any information.
12. You acknowledge that The Village Goldsmith Limited is entitled to rely on instructions from any authorised Agent that you appoint until it has notice in writing from you a reasonable time before a transaction is due to occur that such appointment has been revoked.
13. You acknowledge that The Village Goldsmith Limited has the right to correct any trading or administrative errors including but not limited to reversing or cancelling orders without your consent.
14. You acknowledge The Village Goldsmith Limited operating policy as follows: The Village Goldsmith Limited endeavours to deal fairly and in due turn with all orders to buy and sell precious metals regardless of your instructions source or method of delivery. It is practice of The Village Goldsmith Limited to enter all orders in the sequence in which they are received, and otherwise as expeditiously as practicable but no earlier than receipt of notification by The Village Goldsmith Limited from its bank of the purchase monies becoming available funds.
15. You acknowledge that all orders are automatically assigned an expiry date unless otherwise specified by you at the time of placing an order. This expiry date is 4:30pm NZ time of the business day on which the order was placed, unless otherwise extended at the sole discussion of The Village Goldsmith Limited. All transactions are real time and cannot be cancelled. Any foreign exchange rate utilized by us will be the applicable The Village Goldsmith Limited foreign exchange rate as at the time and on the date on which the transaction has been effected.
16. You agree and warrant notifying The Village Goldsmith Limited immediately or any errors or omissions in our records with respect to your details or Account.
17. You acknowledge that in times of highly volatile, fast moving and turbulent market conditions, all trade requests at the current āactualā market value (āliveā pricing) unless otherwise agreed with The Village Goldsmith Limited.
18. You acknowledge that The Village Goldsmith Limited reserves the right to suspend trading, or immediate fulfilment of orders in times of high market volatility or fast moving market conditions.
19. You acknowledge that prices published by The Village Goldsmith Limited in daily price sheets (or otherwise) are for indicative purposes only and subject to this Agreement, the pricing of your order is normally ālocked inā (based on a premium over the spot price of the metals) at the time of order confirmation.
20. You acknowledge that all orders are FINAL. Once your order is confirmed, you cannot change, modify or cancel the order.
21. You acknowledge that it is your responsibility to take delivery of the metal.
22. You acknowledge that The Village Goldsmith Limited, at its sole discretion, may introduce or amend storage fees or storage conditions. The Village Goldsmith Limited will endeavour to notify you of such an amendment.
23. You acknowledge that this Agreement is governed by the laws of New Zealand.
24. All instructions are subject to the law, and the terms of this Agreement.
25. It is your responsibility to ensure that all instructions given to The Village Goldsmith Limited (whether by you or an Authorised Agent) are in accordance with the law, and this Agreement.
26. The Village Goldsmith Limited will make all reasonable efforts to carry out your clear instructions promptly, subject to clause 25. You acknowledge that where your instruction is given in writing, whether faxed, posted, SMS or by e-mail, the instruction will be deemed to have been received by us when we act on the relevant instruction. Accordingly you accept responsibility to ensure that your written instruction has been received and actioned by The Village Goldsmith Limited.
27. We are not obliged to accept any application or instruction to trade.
28. We will act only within the parameters of your instructions.
29. If we consider it is in our reasonable interest to do so and to the extent permitted by law, we may decline to act on your behalf in relation to any particular dealings, without explanation or advance notice. Additionally, we may decline to act on your behalf: Where we believe the transaction would result in no change of beneficial ownership: Or where we believe the instructions are ambiguous, incomplete or unclear.
30. If more than one person constitutes the client, then they are jointly and severable bound by this Agreement and we are entitled to act upon the instructions of any one of those persons. Unless specified otherwise on the account application form.
31. Payment and Settlement Obligations. You must pay The Village Goldsmith Limited.Ā a. Consideration for any purchase of precious metals, commission, fees and charges in connection with your Account at the rates and currency notified by us in writing from time to time,Ā b. Any fees, taxes or other charges levied by a third party on The Village Goldsmith Limited in connection with your order or Account: and, c. Interest on any unpaid amounts at the rate determined by us from time to time from the day the amount falls due until the date of the paid: d. All costs, expenses/losses accrued by The Village Goldsmith Limited as a result of your failure to settle by due date included.
32. In the event of any default by you in the fulfilment of any of your obligations to us:Ā a. You must pay us a default administration fee of NZ$250 + GST for each default; and b. You must compensate and indemnify us (including our subsidiaries, and their respective directors, employees, contractors and agents) in respect of any and all losses, claims and expenses incurred by us as a result of your default; and c. Without limiting the generality of (b) above, we may exit all of the positions taken by us in relation to your Contract, including any physical contracts, in which case you will indemnify us in respect of any costs and losses we may incur as a result of exiting any position; and d. Without limiting the generality of (b) above, if you default in payment of an invoice (which includes termination or cancellation of an order by you) you will pay us the difference between the price invoiced to you for any Product and the current buyback price (as determined by us) of the Product as at the date your default is processed; and e. You irrevocably authorise us to debit your Account (including your credit card or debit card account) in respect of any such losses; and f. We may refuse to accept or fulfill any further orders from you for Product or our Services
33.You are required to provide Available Funds to pay for all costs in connection with a purchase of precious metals, by settlement date or at any earlier time as required by The Village Goldsmith Limited.
34. Authorities and Indemnities.Ā Clauses 33 to 40 (inclusive) of this Agreement will continue in full force and effect after this Agreement expires or is terminated.
35. In connection with the establishment of these arrangements and the collection of overdue payments, you authorise us to supply relevant information contained in your application form and other records to a credit reporting agency and to obtain credit reports about you from credit reporting agency.
36. You authorise us to record a telephone conversation(s) between you and us with prior approval.
37. You agree to pay our normal commission fees and to reimburse us for any extraneous costs, such as GST, for transactions made on your behalf.
38. You authorise us to appropriate any credits, payments and other receipts from you or from your Account in such manner and order as we think fit against any amounts due or owing by you to us or otherwise.
39. You agree to indemnify, The Village Goldsmith Limited, its subsidiaries, and their respective directors, employees, contractors and agents against all costs, including but not limited to losses, damage, actions, proceedings, claims, costs (including legal costs), demands, damages, liabilities or expenses which may be brought against, suffered or incurred by The Village Goldsmith Limited by reason of breech of this Agreement.
40. You agree to release to The Village Goldsmith Limited, its subsidiaries, and their respective directors, employees, contractors and agents from any obligation or liability with respect to any loss, whether direct or consequential, that you suffer or incur in connection with your business dealings with The Village Goldsmith Limited.
41. The Village Goldsmith Limited shall not be liable for any loss arising in connection with the operation (including delays and errors) breakdowns, disruption to or malfunction of any system, device or service.
42. Variation. We reserve the right to vary this Agreement. Any variation of this Agreement shall apply to all dealings between you and us from the day on which the variation takes effect. If we vary this Agreement, we shall give not less than seven days' notice to you at the postal or electronic address last notified to us by you. However, we may make a variation without prior notice where such variation is necessary to restore or maintain the security of our systems or any Accounts.
43. Notice. Any notice, request, demand or other communication may be sent to your postal or electronic address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you if sent by prepaid letter on the business day following posting and if sent by facsimile or other electronic means when there is confirmation of receipt by whatever means.
44. Termination. Subject to the completion of any outstanding obligations, these arrangements may be terminated by either party giving not less than seven days written notice to the other party.
45. Assignment. You must not assign this Agreement without prior written consent of The Village Goldsmith Limited. The Village Goldsmith Limited may assign this agreement without notice to you.
46. Severance. If the whole or any part of a provision of this Agreement is or shall become void, unenforceable or illegal, the remainder of this Agreement shall have full force and effect. The parties agree that in such a case, the provision held void, unenforceable or illegal shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.
47. Privacy. The Village Goldsmith Limited and entities controlled by it are subject to the Privacy Act 2020.Ā a) Collection of Personal Information. We collect personal information (including your full name, address and contact details) so that we may administer our relationship with you, provide you with products and services you request, as well as information about The Village Goldsmith Limited products and services. Where it is necessary to do so, we also collect information on individuals such as company directors and officers (where the company is our client), as well as clientās agents and persons dealing with us on a āone offā basis. If you provide us with incomplete or inaccurate information, we may not be able to provide you with the products or services you are seeking. b) Disclosure of Personal Information. We may communicate personal information to organisations who we outsource certain functions. In all circumstances where contractors and agents may become aware of personal information, confidentiality arrangements apply. Personal information may only be used by our agents and contractors for our purposes. We may be allowed or obliged to disclose information by law. c) Access to Your Information. You are entitled to see and have corrected any information we hold about you, any transaction entered into by you with The Village Goldsmith Limited, and your The Village Goldsmith Limited accounts.
48. Warranties. You acknowledge and agree that the representations and warranties given under this agreement shall be deemed to be repeated each time you enter into any service or transaction with us.
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