The “Companies” means FDR Capital Ltd (Malta) a limited liability company incorporated under the laws of the Malta, having its registered office at 32, Level 3, Regent House, Bisazza Street, SLM1640, Sliema, Malta with registration number C53008, duly represented herein by Mr. Fabrice DROUIN, its Director, and FDR Capital Ltd (Hong Kong) a limited liability company incorporated under the laws of the Hong Kong, having its registered office at Suite 2611 Langham Place Office Tower, 8 Argyle street Mongkok, KL Hong Kong, Hong Kong SAR China. with registration number 2354327, duly represented herein by Mr. Fabrice DROUIN, its Director.
The “Website” shall mean the Internet website operated by the Company accessible at www.goldbroker.com.
The "Client" shall mean a person who is 18 years or older and or an entity who/ which registers on the Website and who places an order for physical gold or silver.
The “Bars” or “coins” shall mean whenever used generically either silver or gold bars/coins or a combination of the two sold by the company FDR Capital Ltd (Malta) to the Client.
Any reference to the masculine contained herein shall be construed as including a reference to the feminine.
These General Terms and Conditions (hereinafter the GTCs) shall govern all relations between the parties and allow the creation of a client’s account for purchasing, selling and/or storage of precious metals, and apply to any and all transactions between the client and FDR Capital Ltd (Malta), for purchasing/selling, and FDR Capital Ltd (Hong kong), for storage.
The company FDR Capital Ltd (Malta) reserves the right to modify the GTCs at any time, the changes of which shall become immediately applicable, as soon as they are posted on the Website.
By continuing to access or to use the Website Client is deemed to have accepted the changes to the GTCs.
The sales prices shown on our website are not to be interpreted as mandatory contractual obligations, but rather as bids from clients.
You can make a change to your order anytime by clicking on “Cart”. When sending your order by clicking on “Place My Order”, you are submitting a mandatory contractual offer. If we do accept this offer, we will send you an order confirmation by e-mail. This order confirmation will be sent immediately or as soon as possible, within 48 hours following reception of your order.
Upon receipt of the invoice amount, you will be notified and sent a payment confirmation. Payment conditions are determined by art. 10. We reserve the right to revoke our order confirmation if either our internet presentation and/or our order confirmation should contain some errors or be incomplete, which could be to our disadvantage regarding the contract (e.g. differences in actual market prices resulting from incorrect data processing, notably).
In such a case, we shall revoke the order within one week from discovering the error – by e-mail – and immediately reimburse you the amount you paid, including fees.
Our legal rights, notably of contestation of the contract due to an error, remain.
The object of the contract is the purchasing of precious metals by the client from FDR Capital Ltd (Malta and Hong Kong), their storage and insurance.
Due to the unpredictable nature of commodity markets the buying or selling commodity products such as the Bars/coins comprises a high degree of risk and might not be suitable for everyone. The Client declares that he/she has read and understood these GTCs and is aware of the nature and extent of his/her rights and risks when purchasing such products.
The company FDR Capital Ltd (Malta) guarantees that:
The Bars/coins purchased by Client through FDR Capital Ltd (Malta) remain in the vault where they are stored after purchase. All the products are weighed, have a serial number (bars only) and are stored in a secure vault.
FDR Capital Ltd (Hong Kong) only stores Bars/coins that are purchased from and recognized by the professional market.
FDR Capital Ltd (Hong Kong) has commissioned Malca-Amit to be its vault operator and to manage the safe storage of the Bars/coins in Switzerland, Singapore, New York and Toronto.
The standing and reputation of Malca-Amit in the precious metals market guarantees that the Bars/coins stored in its vaults enjoy the highest level of security, in accordance with the requirements of the precious physical metals market standards.
The original ownership certificate is held by Malca-Amit and FDR Capital Ltd (Hong Kong) shall not modify this certificate without the Client’s express consent. The certificate is kept in the vault to allow for quick resale of the Bars/coins and to avoid the risk of loss or theft.
The certificate may be posted to the Client upon request in writing.
FDR Capital Ltd (Hong Kong) shall make its best efforts to ensure that the Bars/coins are properly and adequately insured against theft and damage, in accordance with the insurance standards accepted by the physical precious metals industry, with the exception of the cases of terrorism and civil war. The premium for such insurance is included in the annual storage fees paid to FDR Capital Ltd (Hong Kong) for the proper care and storage of the Bars/coins.
FDR Capital Ltd (Hong Kong) confirms that in the "Storage Agreement" entered into with Malca-Amit, written evidence of the insurance coverage is to be presented upon request and shall be transferred to the Client if so requested.
The Bars/coins are provided to the client at spot price at the date of purchase by FDR Capital Ltd (Malta) plus a buying commission. The Bars/coins are sold at the spot price at the date of sale less a sale commission.
Once the purchasing price proposed by GoldBroker.com is validated by the client, there is no more risk of change – the price remains fixed and will not change during the delivery process.
FDR Capital Ltd (Malta) proceeds with the sale of precious metals to the client at the price agreed upon and validated. Once the transaction is made, the client will receive notification by e-mail. The invoice will be accessible via the member account.
FDR Capital Ltd (Malta) however reserves the right to share with the Client any un-foreseen expenses evolution (for reasons beyond its control) such as increased storage costs, customs charges and other similar unforeseen cost increases.
It is being clearly stated that should the Client withdraw the precious metals from the secure vault at any time prior to the expiration of the first year of storage, Client shall in no manner be entitled to any proportionate reduction in the annual storage fees. In subsequent years the Client shall be reimbursed a proportionate part of the quarterly invoice on a pro rata basis.
In addition to the purchase commission charged by FDR Capital Ltd (Malta), FDR Capital Ltd (Hong Kong) shall charge storage fees to cover the costs of handling, warehousing, transportation and insurance. The storage fees to be charged are set out in the Website under the "Storage Fees" tab and are invoiced one year in advance for the first year and thereafter on a quarterly basis.
Should the Client fail to pay the storage fees following receipt of the invoice, FDR Capital Ltd (Hong Kong) reserves the right to refuse any request from Client to withdraw the Bars/coins from the secure vault. FDR Capital Ltd (Hong Kong) shall furthermore have the right to sell the Client’s Bars/coins in satisfaction of its fees. Any remaining balance after the payment of the unpaid storage fees shall be transferred by FDR Capital Ltd (Hong Kong) directly to the Client’s bank account and the contractual relationship between the parties will be terminated forthwith.
The purchasing price and storage fees (invoice amount) shall strictly be paid in advance. The invoice amount needs to be paid without delay by wire transfer and has to be credited to our banking account within three (3) days from the order confirmation date.
Otherwise, we reserve the right to terminate the contract, even without having allowed you any additional delay (fixed-terms sale). Any and all other legal claims, notably in regard to the purchasing price, default interest and/or damages, shall be deemed un-applicable.
In case of late payment or non-payment, our right to damages shall be, at a minimum, equivalent to the price variation occurred in the meantime for the products on the financial market. We reserve full ownership of the shipped merchandise until reception of full payment of the delivery invoice.
Payment by the Client to the Companies may only be effected by wire transfer (directly to the Company’s bank account) or PayPal for the renewal of storage fees. Payment may be made in Euro, US dollar, Swiss Francs or Pound Sterling.
FDR Capital Ltd (Malta) shall inform the Client once funds have been received and shall then proceed with the transaction. Once the transaction is executed, FDR Capital Ltd (Malta) shall reimburse the Client by wire transfer to the Client’s bank account, any positive balance remaining in FDR Capital Ltd (Malta)’s account for that particular Client within forty-eight (48) hours following the execution of the transaction.
The Client is solely responsible for the payment of any taxes or any other similar fiscal obligations for which the Client may be liable in any jurisdiction of residency with respect to the acquisition, sale or storage of the Bars/coins. Such taxes may be added to the selling price if necessary.
The Client declares and warrants that he/she has taken tax and legal advice in all relevant jurisdictions with regard to the purchase/selling of the Bars/coins.
The role of the Companies is limited to that of executing the instructions received from the Client. The Companies do not advise the Client on the purchase or sale of silver or gold and Client is encouraged to seek proper advice from licensed financial advisors.
The Companies do not have the competence to and cannot guarantee that the Client will realize any capital gain upon the eventual resale of the Bars/coins purchased.
The Companies may in no way be liable in case of telecommunication means failure, whether the failure be due to the server hosting the Website, or any other website, non-receipt of emails, photocopies or letters sent by the Client.
All data accessible from the Website is posted for indication purposes and is not to be taken as a substitute for the information issued by official bodies.
The Companies assumes no liability for delays or failures in the performance of its obligations if such delay or failure is due to unforeseen events beyond its control and which are deemed to constitute force majeure. Such causes that might terminate or suspend the obligations of the Companies for reasons due to Force Majeure, include inter alia, Acts of God, floods, lightning, fire, earthquakes, labor disputes, shortages, rationing, energy failure, war, terrorism, riots, embargoes, governmental actions, accidents affecting the production and storage of FDR Capital Ltd (Hong kong)’s products, total or partial stoppage of supply, failure of the carrier, insurrections, energy suspensions, machinery breakdown, total or partial strike, administrative decisions, epidemics, explosions, third party actions, and any external event that is likely to delay, prevent or make prohibitively expensive the implementation of the Companies's commitments and obligations.
The occurrence of an event constituting force majeure shall be immediately notified to the Client.
The Client will abstain from making any operation, through the intermediary of the Companies that could be construed as money laundering and declares that the remittance of all and any funds which have been or which at any time in the future may be remitted for the account of the Companies does not and will not constitute a money laundering offence as defined in the Bank Secrecy Act as amended by the Patriot Act and that the funds are not of illicit origin or otherwise derived from any criminal activity.
The Client hereby guarantees that the funds used for the transaction have been duly declared to the fiscal authorities of his/her country of residence and/or citizenship.
The Client will not be permitted to purchase precious metals using a bank transfer from a third-party account.
For this purpose, any User who wishes to buy precious metals from FDR Capital Ltd (Malta) must provide a copy of his passport and a proof of address.
The prices of our products (precious metals) are subject to variations on the financial markets that are independent of our will and that may occur within a short period of time. When placing an order, the client accepts the absence of his right of withdrawal for the products, in accordance with Consumer code L. 121-20-2. You are thus committed the moment we receive your order and it cannot be cancelled.
The GTCs and the legal relations resulting from their acceptance shall in all respects be governed by and interpreted in accordance with the laws of Malta.
Any dispute, controversy or claim arising out of or relating to the GTCs, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The number of arbitrators shall be one. The place of arbitration shall be Malta. The language to be used in the arbitral proceedings shall be English.