- 1. Information about us
- 2. Our Services
- 3. Service Contracts
- 4. Fees
- 5. Payment
- 6. Our Contract With You
- 7. Delivery
- 8. Payment
- 9. Consumer Right to Cancel a Service Contract
- 10. Late payment, late supply of information and administration fees
- 11. Our liability to you
- 12. Events outside our control
- 13. Consumer Right to Cancel a Service Contract
- 14. Risk and Insurance
- 15. Changes to These Terms
- 16. Complaints
- 17. Our Liability If You Are A Business
- 18. Changes To These Terms
This page sets out the legal terms and conditions (the Terms) which apply when you choose to store bullion products with us. We offer vaulted storage services (the Services, as further described in clause 2 below) in respect of bullion grade precious metal products (Products) on an allocated and segregated basis. You can choose to store your Products in our vaults in the UK or in other locations through our third party storage suppliers. We also offer allocated (but not segregated) storage for digital bullion that we offer for purchase through our metal accounts (Digital Bullion). Please refer to our Metal Account Terms for further information. Products that are stored by us in the performance of the Services are referred to as Stored Products in these Terms.
If you are looking to purchase Products, please refer to our Terms of Sale. You have the option during the checkout process to purchase Products for delivery or into storage with us (in which case these Terms will also apply). If you are looking to sell Products to us, please refer to our Terms of Purchase.
These Terms will apply to any orders for Services placed by you (Orders) and any contract between us and you for the provision of Services to you (Service Contract). Please read these Terms carefully (in particular clauses 4.7, 11 and 13) and make sure that you understand them before ordering any Services from us. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
All contracts for the purchase of Products from us (Product Contracts) shall be made in accordance with and governed by our Terms of Sale. Each Product Contract shall constitute a separate contract from any Service Contract. All contracts for the purchase of Digital Bullion from us (Metal Account Contracts) shall be made in accordance with and governed by our Metal Account Terms. Each Metal Account Contract shall constitute a separate contract from any Service Contract.
As between you and Chards, you shall retain full legal ownership of your Stored Products (subject to clause 13). With Digital Bullion, you will not own any specific physical bullion, including the physical bullion we place in allocated storage for you.
These Terms and any Service Contract between us and you are only in the English language. Please note we may not necessarily keep a copy of your Service Contract and we may amend these Terms from time to time. Every time you order Services from us, the Terms in force at that time will apply to your Order. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time and ensure that you keep a hard copy of such terms for your future reference.
1. Information about us
We are Chard (1964) Limited, a company registered in England and Wales under company number 1378220 and with our registered office and store at 32-36 Harrowside, Blackpool, FY4 1RJ. In these Terms, we refer to ourselves as “Chards”, “we”, “us”. Our VAT number is GB 157 0712 74. We have been trading as a coin and bullion dealer since 1964 and operate the website www.chards.co.uk (the Website). To contact us, please telephone +44 (0)1253 343081, or send us an email to [email protected]ards.co.uk or write to us at the address above. You can also contact us via our Website here.
2. Our Services
2.1 When you purchase Products from us via the Website, over the telephone (on 01253 343081) or in our store, you may purchase Services in respect of those Products in the same transaction.
2.2 For any other Products (Products that you purchase from us before you purchase the Services or Products that have not been purchased from us), you must place your Order for the Services and deliver those Products to us at our showroom (or to such other location as we may agree in writing) and you may be required to sign an inventory specifying the description and condition of those Products at the time they are delivered to us. You may also choose to store allocated Digital Bullion with us that you have purchased through your metal account in accordance with our Metal Account Terms. You can do this at the time of purchase or you may convert your unallocated Digital Bullion to allocated Bullion at a later date. Please refer to our Metal Account Terms for further information.
2.3 Each Order for the Services that is accepted by us under these Terms shall constitute a separate Service Contract. You can only place an Order with us and receive the Services if you are at least 18 years old. We reserve the right to reject an Order if you do not provide us with the necessary personal information or if you do not pass our security checks.
2.4 By placing an Order, you confirm that you have all rights, permissions and consents that are required in order place an Order and to receive the Services in respect of the Stored Products or Digital Bullion (as applicable), including authority to bind any business on whose behalf you purchase the Services from us.
2.5 Subject to clause 2.7 below, all Stored Products will be stored in one of our dedicated strong rooms in the UK. Stored Products will be identifiable as belonging to you and stored in a customer-specific location. Access to our strong rooms and safes is restricted to authorised personnel only.
2.6 We reserve the right to conduct audits of any Stored Products in our possession or under our control (annually and at any other times as we reasonably require) and to grant our professional advisers with access to your Stored Products for the purpose of carrying out any such audit.
2.7 Where you have requested that we store your Stored Products or allocated Digital Bullion overseas, the Stored Products or Digital Bullion (as applicable) will be stored with one of our trusted third party partners (each a Foreign Storage Supplier) in vaulted storage.
2.8 In respect of allocated Digital Bullion, we shall retain ownership of the physical bullion we have allocated to back your purchase. This will not be set aside specifically for you (i.e. segregated) and you will have no rights of ownership over a particular item.
3. Service Contracts
3.1 If you place an Order pursuant to clause 2.1 or 2.2, we will require you to set up an account with us and provide certain information before we can accept your Order. You can do this on our Website, via the telephone or in person in our showroom during opening hours. This information we may require includes your full name and address, company name (if applicable), proof of address, email address, telephone number, date of birth and information concerning the Stored Products. Further details are set out on our Website here. We are required to obtain this information to provide the Services, to comply with our legal obligations (including those relating to anti-money laundering), to protect against fraud and to reduce our credit risk. We may also use this information to contact you concerning the Services and your Stored Products from time to time.
3.2 We reserve the right to require proof of identification at any time for any reason, including, without limitation, to conduct mandatory anti-money laundering checks (which may include a requirement to provide your passport, driving licence, utility bills or bank statements (no more than three months old) and other official documents – please see here for further information about acceptable proof of identification). We will contact you if we require you to provide any additional information or proof of identification.
3.4 Please be aware that it is imperative that we have up-to-date contact details for you at all times and it is your responsibility to keep us updated of any changes by email or telephone or post or via your online account on our Website. Ultimately, if we are unable to contact you, your ownership of the Stored Products and any proceeds of sale may transfer to us in accordance with clause 13. We shall make reasonable attempts to contact you using the contact details we hold for you prior to this happening.
3.5 If you place an Order, you are making us an offer to purchase the Services for the price quoted to you during the order process. All Orders placed are subject to these Terms and by placing an Order, you agree to:
- comply with these Terms;
- pay the Fees and if at any time you require the return of your Stored Products, also pay the applicable delivery costs in accordance with clause 7;
- pay any Administration Fee that may become due; and
- comply with our Terms of Sale if you are purchasing a new Product from us and/or comply with our Metal Account Terms if you are purchasing Digital Bullion from us.
3.6 All Orders are subject to acceptance by us. Your Order shall not be accepted until we have emailed you to confirm we have accepted your Order or when we confirm this to you over the telephone or when you sign a Service Contract in person at our showroom. At the point of acceptance, a Service Contract shall be formed between you and us. If we are unable to accept your Order (for example, because of limits on storage space or because we have identified an error in the Fees), we will inform you and will not process your Order. If you have not received confirmation that your Order has been accepted within two working days of the date you placed your Order, please contact us. We may also send you an acknowledgment email, but this does not mean your Order has been accepted.
3.7 When ordering over the telephone, we will read certain parts of these Terms to you and will inform you where you may find a full copy of these Terms. We will also make a copy of these Terms available to you during the online checkout process or if you place an Order at our showroom in person. You will be required to accept these Terms before placing any Order with us. If you do not accept these Terms, you will not be able to enter into a Service Contract with us or receive the Services.
3.8 If you wish to purchase a Product from us and put it directly into storage, you will need to select the “Buy + Secure Storage” option during the checkout process (rather than the ‘Buy + Delivery’ option). If you want to purchase Digital Bullion for allocated storage, there is an option to do this on our Website through your online Metal Account. If you require international storage, you will also be able to select this through the Website. Please call or email us if you need any assistance.
3.9 Legal title to your Stored Products (subject to clause 1213) shall remain with you at all times (as between you and Chards). With allocated Digital Bullion, you will not own any specific physical bullion, including the physical bullion we place in allocated storage for you. Please refer to our Metal Account Terms for further information.
4.1 The fees payable by you for the Services (Fees) will be as notified to you by us (via the Website, over the telephone or in-store, as applicable) during the ordering process. Further information about our Fees for the Services can be found on our Website. Additional Fees may be payable if you request storage overseas, if you request your Stored Products to be returned to you and/or if you require physical delivery of your Digital Bullion (please refer to our Metal Account Terms). The Fees notified to you will be inclusive of any VAT that may be applicable. The Fees are payable in addition to the price of any Products and/or Digital Bullion that you wish to purchase from us.
4.2 The Fees shall be charged on a monthly basis. Months for the purpose of the Fees (Billing Months) shall follow calendar months. The first Billing Month (which may not be a complete calendar month) shall commence on the Service Start Date (as defined in clause 8.1) and subsequent Billing Months shall commence on the 1st of the month.
4.3 The Fees will vary each Billing Month in line with variations to the value of the Stored Products and allocated Digital Bullion. You will not be invoiced for any Fees for the Services when you place your Order. The Fees payable for the Services in the first two Billing Months will be invoiced on or around the start of the second Billing Month. The Fees for each subsequent Billing Month will be invoiced on or around the start of that Billing Month.
4.4 The Fees payable for Stored Products for each Billing Month under a Service Contract, will be calculated as follows:
Value of Stored Products x Relevant Percentage / 12 + VAT
- the Value of Stored Products shall be calculated by multiplying the weight in grams of those Stored Products by the average price per gram. The average price per gram shall be calculated by adding the highest and lowest price per gram for a Stored Product (according to the live price feed on the Website) during the 30-day period immediately before the invoice date and dividing this amount by 2;
- the Relevant Percentage shall be as advertised on our Website at the point of sale and on our storage page.
4.5 The Fees payable for allocated Digital Bullion for each Billing Month under a Service Contract, will be calculated as follows:
Value of Digital Bullion x Relevant Percentage / 12 + VAT
- the Value of the Digital Bullion shall be calculated by multiplying the weight in grams of the allocated Digital Bullion by the average price per gram. The average price per gram shall be calculated by adding the highest and lowest price per gram spot price for the relevant metal (according to the live price feed on our Website) during the 30-day period immediately before the invoice date and dividing this amount by 2;
- the Relevant Percentage shall be as advertised on our Website at the point of sale on our storage page.
4.6 The Fees shall be payable in respect of Services provided during the term of a Service Contract. After termination of a Service Contract, we will hold the relevant Stored Products or allocated Digital Bullion free of charge for a maximum of 14 days, but we reserve the right to charge the Fees for any storage of your Stored Products or allocated Digital Bullion after expiry of this 14 day period.
4.7 We may change how we calculate the Fees under a Service Contract at any time provided that we give you at least one (1) month’s prior notice of such change, to take effect at the start of the following Billing Month. If you do not accept any such change to the Fees, you may terminate your Service Contract under clause 8.3.
4.8 We take all reasonable care to ensure that the Fees and delivery charges are correct at the time at which they are notified to you. However, it is always possible that, despite our reasonable efforts, the Fees or delivery charges we notify to you may be incorrect. We shall notify you of any mistake as soon as possible. If the correct Fees or delivery charges are less than the amounts that were notified to you, we will charge the lower amount for future Billing Months. If the correct Fees or delivery charges are higher than the amounts that were notified to you, we will charge the higher amount for future Billing Months after we have notified you of the error.
4.9 If you place an Order for the provision of Services in respect of Products not purchased from us, we reserve the right to charge (in addition to the Fees) a valuation and administration fee of £25 (excluding VAT) which shall be payable when you place your Order. We may also have to amend the way we calculate the Fees if we do not offer for sale the type of Product you wish to store with us.
4.10 If you require overseas storage, in addition to the Fees calculated in accordance with clause 4.4 or 4.5, you shall also be liable to pay, as part of the Fees, an additional sum to reflect the third party storage costs incurred by Chards, administrative costs and associated delivery charges. Such sum shall be notified to you in accordance with clause 4.1. Notwithstanding clauses 4.7 and 4.8, if the third party costs incurred by Chards in respect of the overseas storage of the Stored Products increases, Chards shall be entitled to immediately pass such increase on to you by way of an immediate increase to the monthly Fees.
5.1 You must pay each invoice for the Fees within 14 days of the date of issue.
5.2 Please refer to our payment page on our Website here for details on our accepted methods of payment. Alternatively, you can contact us by telephone to discuss how to pay.
5.3 Internet access is required for debit card payments unless payment is made in the showroom. Please note that debit cards issued outside of the UK may not be accepted and we will contact you if your payment by debit card is rejected. Some payment methods and all international payments carry additional charges as detailed on our Website.
5.4 Payments by direct debit will be taken on or around the first day of each Billing Month unless otherwise agreed.
5.5 All payments should be made in pounds sterling unless otherwise agreed by us in advance of placing your Order. If you choose to pay in a foreign currency or from a bank account which is not a pounds sterling account, you shall be responsible for paying all charges and fees incurred by you and/or us as a result of your payment in a foreign currency or from such account.
5.6 If you place an Order through our Website, you must select the appropriate box during the online Order process to indicate your chosen method of payment. If you place an Order over the telephone, you must notify us of your chosen method of payment when placing your Order.
6. Our Contract With You
6.1 You may request the return of any of your Stored Products at any time during the term of the relevant Service Contract, subject to payment of any applicable Delivery Costs (as set out in clause 7 below).
6.2 If you take any Stored Product out of storage with us, you shall be deemed to have served notice to terminate your Service Contract in respect of that Stored Product under clause 8.3 unless you notify us otherwise in writing. If you do not wish to terminate your Service Contract in respect of that Stored Product, we reserve the right to charge an administration and valuation fee of at least £25 (excluding VAT) when you place that Stored Product back into storage with us.
6.3 If you request the return of a Stored Product:
- subject to clause 6.5, we shall make the Stored Product available for you to collect from our store set out in clause 1, or we shall deliver it to you (subject to you paying applicable Delivery Costs in in advance and us being able to deliver to your location);
- if your Stored Product has been stored overseas:
- you shall be liable to pay all delivery and administrative costs incurred by Chards in returning the Stored Product to you (or to Chards’ store in the UK, if you have elected to collect the Stored Product from us); and
- importation of the Stored Product into the UK or other destination, may trigger a VAT charge (or similar), import and export duties and other taxes which you shall be liable to pay (please also see clause 7 below regarding international deliveries); and
- once your Stored Products have been delivered to you, if you then wish to place those Stored Products back in storage with us, you shall be responsible for arranging their return to us (or to the international storage location) at your own cost.
6.4 Upon termination of a Service Contract (in whole or part) for any reason, subject to payment of all outstanding Fees in full, we shall make the relevant Stored Products available for collection by you at our showroom set out in clause 1 or (if requested by you) we shall deliver the relevant Stored Products to you (subject to you paying any relevant Delivery Costs in advance and us being able to deliver to your location). We may require proof of identification in order for you to collect your Stored Products or before we deliver them to you. We may also conduct other due diligence checks to ensure you are the owner of the Stored Products (such as by only allowing delivery to your billing address).
6.5 We reserve the right to withhold the release of your Stored Products until all Fees, Delivery Costs and other charges payable by you in respect of those Stored Products have been received by us in cleared funds.
6.6 Delivery of your Stored Products shall be complete once it has been confirmed by Royal Mail or our courier company that the Stored Products have been delivered to your billing address (or such other address we have agreed to deliver to) or (if you are collecting the Stored Products from us) when you take physical possession of the Stored Products at our showroom. We strongly recommend you have adequate insurance arrangements in place from the point of delivery or collection.
6.7 Please refer to our Metal Account Terms which shall apply if you wish to convert your allocated Digital Bullion into unallocated Digital Bullion (and terminate your Service Contract) or into another physical product for physical delivery or collection.
7.1 If you request us to deliver your Stored Products to you (rather than you collecting them from us) or to put them into international storage or to move them to a different storage location, you must pay our delivery costs (Delivery Costs). The Delivery Costs shall include our actual cost of delivery, packaging and insurance and shall be calculated by reference to the Value of the Stored Products (as set out in clause 4.4(a)). Unless we advise you otherwise, the parcel shall be insured up to the Value during transit. Please refer to our Website here for further details on deliveries and our standard Delivery Costs. If the Delivery Costs to your required location are not published on our Website, please contact us for a bespoke quote.
7.2 You will need to confirm you are available to accept delivery on the nominated day before we will despatch your Stored Products to you. You may be required to sign for the your Stored Products upon delivery and if you are not available, this may result in your Stored Products being returned to a local sorting office or warehouse awaiting your collection or being returned to us. If your Stored Products is returned to us in these circumstances, you will be recharged the Delivery Costs which we will need to receive from you in full before we can attempt re-delivery.
7.3 If you would like your Stored Products to be delivered to a destination outside of the United Kingdom, please note that local laws restrict us from shipping to some destinations and certain countries do not allow money to be sent through their postal networks (see here for further information). Please refer to the delivery page on our Website for the destinations we are able to ship to (International Delivery Destinations). We recommend you check this page before placing an order for a Product or Digital Bullion with us. Please be aware that your request for delivery may be subject to VAT, import duties and other taxes in the country of destination. You will be responsible for payment of any such duties and taxes and for complying with applicable laws and regulations. Please note that we have no control over these charges and we cannot predict their amount. Deliveries may also be subject to seizure by the relevant customs or other authorities if there are any restrictions on the import of the Stored Products into that territory. We do not make any representations or guarantees in respect of whether you will be permitted to import the Stored Products into any territory. You are responsible for determining whether any restrictions on import are in place and applicable. You must comply with all applicable laws and regulations of the country for which the Stored Products are destined. We cannot accept liability for loss or damage to any Stored Products which are confiscated, seized or otherwise subject to local law restrictions in the country of destination or for non-compliance with applicable laws on importation. We recommend you seek local advice in the country of destination prior to asking us to deliver your Stored Products.
7.4 Any delivery dates provided are estimates only and time for delivery to you shall not be of the essence.
7.5 If you have not received your Stored Products by the estimated delivery date, please contact us to let us know immediately. If we become aware of a delay with the delivery of your Stored Products, we will provide you with a revised delivery date.
7.6 Please refer to our Website here for further details on deliveries. Please contact us if you would like further information about our international delivery charges.
8.1 Each Service Contract will commence in accordance with clause 3.6. The provision of the Services will commence on this date or, if later, the date on which the relevant Stored Products come into our possession (the Service Start Date).
8.2 Each Service Contract will continue until terminated by a party in accordance with these Terms.
8.3 Either party may terminate all or part of a Service Contract at any time without liability by providing at least 14 days written notice to the other party (such notice to expire at the end of a Billing Month).
8.4 We may terminate all or part of a Service Contract immediately upon written notice and without liability to you if:
- you do not make payment to us when it is due under the Service Contract and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
- you commit any other material breach of the Service Contract and (if the breach is remediable) you do not remedy that breach within 14 days of being asked to do so;
- we consider that any personal identification documentation or other information you have provided to us is, or is likely to be, false; or
- we are required to do so under applicable law or by any regulatory body or government authority.
8.5 If you enter a Product Contract and a separate Service Contract with us in respect of the same Product:
- the relevant Product shall be deemed to have been delivered to you under the Product Contract on the Service Start Date; and
- if you are a consumer in the UK or EEA and you cancel your Product Contract under and in accordance with clause 9 (Consumer Right of Return and Refund) of our Terms of Sale, the Service Contract (to the extent it relates to the Product Contract) will automatically terminate at the same time as the Product Contract terminates. Any such termination will not affect your liability for the Fees provided up until termination of the Service Contract in accordance with clause 4.
8.6 If a Service Contract is partially terminated in respect of some, but not all, of the Stored Products that are stored under it, the Fees payable under that Service Contract shall be reduced accordingly on a pro rata basis from the effective date of such termination.
9. Consumer Right to Cancel a Service Contract
9.1 If you are a consumer residing within the UK or European Economic Area, you have placed an Order via the Website or over the telephone and you did not visit us in-store before entering the Service Contract, you also have a legal right to cancel that Service Contract without giving any reason during the period set out in clause 9.2 below. This means that during the relevant period, if you change your mind, you can notify us that you wish to cancel your Order for Services. This right does not apply to business customers.
9.2 The period in which you may cancel your Service Contract will expire after 14 days from the day that Service Contract was concluded.
9.3 To exercise this cancellation right, you must inform us that you wish to cancel your Service Contract. You can inform us of your decision to cancel your Service Contract in-store, over the telephone on +44 (0)1253 343081, by post at 32-36 Harrowside, Blackpool, FY4 1RJ, England or by e-mailing us at [email protected] You may also use the model cancellation form which is set out at the end of these Terms, but it is not obligatory.
9.4 If you exercise your right to cancel your Service Contract in accordance with this clause 9 after we have started providing the Services, you must pay for the Services provided up until the time you tell us that you have changed your mind, the Fees for which will be calculated on a pro rata basis in proportion to the period for which the Services have been supplied. Any other Fees (for Services not yet provided) shall be refunded to you (less any amount we may charge for delivery of your Stored Products to you pursuant to clause 6.4 and 7) by the method you used for payment (unless otherwise agreed). We will make any refunds due to you within 14 days of you telling us that you wish to cancel your Service Contract.
10. Late payment, late supply of information and administration fees
10.1 If payment is not made by you or received by us in accordance with the applicable deadlines set out in clause 5.1, or if the personal information required under clause 3.1 is not provided by the relevant deadline:
- we may charge you an administration fee of 1% of the annual Fees (subject to a minimum fee of £10 and a maximum fee of £500) (Administration Fee) to cover our administrative costs incurred as a result of you breaking the Service Contract by failing to make payment or provide your personal information by the relevant deadline. Any Administration Fee shall be payable within seven days of you being notified that an Administration Fee has been charged. The Administration Fee shall be payable regardless as to whether or not we have accepted your Order;
- if you are a business customer, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England or such higher statutory rate as may be available under applicable law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us any interest together with the overdue amount;
- we may, in our sole discretion, cancel your Service Contract (but you shall still be liable to pay any Administration Fee that has been incurred in respect of the relevant Order); or
- if we do not cancel your Order, we may give you a new deadline to make payment and/or provide your personal information (and this clause 10.1 shall apply if you fail to meet such extended deadline).
10.2 If your Order is cancelled pursuant to clause 10.1(c), you may submit a new Order, subject to a revised Fees.
10.3 We reserve the right to take legal action against you to enforce these Terms. If we have accepted your Order and you fail to make payment or provide personal information by the relevant deadline, we may be entitled to make a claim against you for reasonable compensation for the costs we have incurred or will incur as a result of you breaking your Contract and we reserve the right to deduct such amounts from any refund payable to you.
10.4 If you do not pay any Administration Fee or other money due or provide any personal information required by the relevant deadline, in addition to our other legal rights and remedies, we may refuse to deal with you in the future until all such money due to us is paid or personal information required is supplied by you.
11. Our liability to you
11.1 This clause 11.1 shall only apply to you if you are a consumer (which means that you are not purchasing the Services in the course of your trade, business, craft or profession):
- If we fail to comply with these Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of that failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
- We only supply Services to you for domestic and private use. You agree not to resell the Services or to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do.
11.2 This clause 11.2 shall only apply to you if you are purchasing the Services in the course of your business and not as a consumer:
- We only supply the Services for use in the course of your business. You agree not to resell the Services and we shall have no liability to you in respect your resale of the Services in contravention of this clause.
- Subject to clause 11.5, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your Service Contract for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of or damage to goodwill or reputation; or
- any special, indirect or consequential loss.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
11.3 We will provide the Services with reasonable care and skill. If you consider that any Services we have supplied to you pursuant to a Service Contract have not been provided with reasonable care and skill (defective Services), please notify us (if you are a business customer, you must notify us of any defective Services immediately upon becoming aware of the same). As a consumer, you may have additional legal rights in relation to defective Services. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. This clause does not affect your statutory rights.
11.4 Subject to clause 11.5, our total liability to you in aggregate, as consumer and/or a business, in respect of:
- any loss, theft, damage or destruction of a Stored Product shall be limited to the value of that Stored Product, calculated in accordance with clause 4.4(a), save that where the Stored Product has been stored overseas with a Foreign Storage Supplier, the value of such Stored Product shall be calculated using the third party storage supplier’s reasonable assessment of a fair market price;
- all other losses arising under or in connection with a Service Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Fees paid by you under that Service Contract.
11.5 We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action (but not by our own staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, lockdown, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster, compliance with any applicable laws or regulations or any law or action taken by a governmental or public authority, failure of or non-performance by a supplier, interruption or failure of a utility service or transport network or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Stored Products to you or collection of Stored Products by you from us, we will arrange a new date for delivery or collection with you after the Event Outside Our Control is over.
12.4 Due to the uncertainties caused by the ongoing COVID-19 pandemic:
- International deliveries: From time to time, we may need to suspend international deliveries or deliveries to certain territories. We will let you know if this affects you if you request your Stored Products to be returned to you.
- Collection: Our showroom may be required to close depending on local lockdown restrictions imposed by the UK Government from time to time and it may not be possible to allow collection of your Stored Products or for you to come to the showroom to make payment when such restrictions are in force.
- To the extent of any conflict between the COVID-19 provisions above and the remainder of these Terms, the above COVID-19 provisions shall take precedence.
13. Consumer Right to Cancel a Service Contract
13.1 If you offer to sell any Stored Products and/or Digital Bullion to us and we (acting in our absolute discretion) agree to purchase such Stored Products and/or Digital Bullion from you:
- the purchase of those Stored Products and/or Digital Bullion shall be governed by our separate Terms of Purchase;
- the relevant Service Contract, to the extent it applies to those Stored Products or Digital Bullion only, shall automatically terminate from the point that ownership of those Stored Products and/or Digital Bullion transfers to us.
Sale and Custody
13.2 We reserve the right to sell some or all of the Stored Products that are in our possession under your Service Contract for a fair market value (being the best price that can reasonably be obtained for such Stored Products) if:
- your Service Contract has been terminated (by us or by you) and you have failed to pay all sums outstanding to us in respect of that Service Contract within three months of the date of termination (having been informed by us in writing of your obligation to pay such sums); and/or
- your Service Contract has been terminated (by us or by you) and you have failed to collect your Stored Products from us or to arrange, pay for and accept delivery of your Stored Products within three months of the date of termination (having been contacted by us on at least two separate occasions in writing or by phone requesting you to make such arrangements to take possession of your Stored Products).
13.3 We will provide you with at least one month’s written notice that we are intending to sell your Stored Products (using the contact details you have provided to us) before selling them. We shall use the proceeds of the sale of your Stored Products (Proceeds of Sale) to pay any outstanding Fees and other amounts owing to us by you and to pay any costs associated with the sale (including, without limitation, shipping costs, administration costs and taxes) and shall transfer any remaining amounts to you in accordance with your instructions, subject to clause 13.4.
13.4 If, after 12 months following the termination or expiry of your Service Contract, your Stored Products and/or the Proceeds of Sale remain in our possession or control because you have failed to collect your Stored Products or provide us with instructions (which we reasonably deem appropriate) on how to return your Stored Products or Proceeds of Sale to you (at your cost), title to those Stored Products and Proceeds of Sale shall immediately transfer to us at the end of such 12 month period.
13.5 Please be aware that it is imperative that we have up-to-date contact details for you at all times and it is your responsibility to keep us updated of any changes by notifying us in accordance with clause 17. Ultimately, if we are unable to contact you and we are forced to terminate your Service Contract (for non-payment of your Fees or otherwise), your Stored Products may be resold by us in accordance with clause 13.3 above and ownership of your Stored Products and any Proceeds of Sale may transfer to us in accordance with clause 13.4. We shall make reasonable attempts to contact you using the contact details we hold for you prior to re-selling your Stored Products and prior to title transferring to us in accordance with clauses 13.3 and 13.4, although we are legally obliged to return any excess Proceeds of Sale to you if you make a valid claim for the same within a reasonable period (less the outstanding Fees and other administrative costs we have incurred as outlined in clause 13.3).
13.6 We reserve the right to convert your allocated Digital Bullion into unallocated Digital Bullion if your Service Contract has been terminated (by us or by you) and you have failed to pay all sums outstanding to us in respect of that Service Contract within one month of the date of termination (having been informed by us in writing of your obligation to pay such sums).
13.7 Subject to the above provisions in this clause 13, title to the Stored Products shall remain with you at all times.
14. Risk and Insurance
14.1 Under these Terms, risk in your Stored Products shall remain with us until you collect your Stored Products from us or they are delivered to your billing address.
14.2 We shall, at our expense, insure the Stored Products for the period during which the Stored Products are in our possession, against such risks as are deemed appropriate by us from time to time.
15. Changes to These Terms
15.1 Every time you place an Order for Services, the Terms in force at that time will apply to the Service Contract between you and us.
15.2 We may make changes to these Terms at any time provided that we give at least one (1) month’s prior notice to you of such changes, to take effect at the start of the following Billing Month. If, after receiving such notice from us, you do not accept any such changes to these Terms, you may terminate your Service Contract under clause 8.3.
16.1 Please contact us if you wish to complain about any aspect of the Services we provide or our customer service. We are very keen to hear your concerns and to resolve any issues promptly.
16.2 If you are a consumer and you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Please contact us if you would like further information on the relevant dispute resolution process applicable to you
17. Our Liability If You Are A Business
17.1 Notices we have to send to consumers shall be sent in writing via your online account on our Website or by email or pre-paid post using the contact details you have provided to us in connection with your Order. Alternatively, we may contact you by telephone where the notice does not need to be in writing.
17.2 If you are a business:
- any notice or other communication given by you to us, or by us to you, under or in connection with these Terms, our Services or any Order shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, sent by airmail, sent by email, or (in respect of notice to be given by us to you only) posted on our Website.
- a notice or other communication shall be deemed to have been received: if delivered personally, when left at the recipient’s registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the second working day after posting to the recipient’s registered office; if sent by airmail, at 9.00am on the fifth working day after posting; if sent by email, one working day after transmission (provided no delivery failure notification is received by the sender); or, if posted on our Website, immediately.
- in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the correct email address and that no delivery failure notification was received.
18. Changes To These Terms
18.1 These Terms are drafted in the English language and such version shall prevail over any translations of these Terms.
18.2 To the extent of any conflict between the provisions of these Terms and any document referred to in them, these Terms shall take precedence.
18.3 We may transfer our rights and obligations under a Service Contract to another organisation, but this will not affect your rights or the obligations owed to you under the Service Contract. You may only transfer your rights or your obligations under a Service Contract to another person if we agree in writing.
18.4 Each Service Contract shall be binding upon you and us, and each party’s respective personal representatives, successors and permitted assigns. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.5 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
18.6 The rights and remedies provided under these Terms are in addition to, and not exclusive of, each other and any rights or remedies available under applicable law.
18.7 If we fail to insist that you perform any of your obligations under a Service Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.8 If you are a consumer, please note that these Terms, any Service Contract and any dispute or claim arising out of or in connection with it shall be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your Service Contract or their subject matter. However, nothing in these Terms will override any mandatory laws of the country in which you have your usual place of residence or limit your legal rights to bring actions against us or to require proceedings take place in the country in which you have your usual place of residence.
18.9 If you are a business, these Terms, any Service Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).
These terms were last updated in April 2021
To Chard (1964) Limited:
Address: 32-36 Harrowside, Blackpool, FY4 1RJ, United Kingdom
Email: [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following services,
Ordered on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.