MD7 TRADE LTD WEBSITE TERMS AND CONDITIONS
Internet Shop General Terms and Conditions
MD7 TRADE Limited (reg. Nr. 202814327, Sofia 1000, Sredets region, 145, G.S.Rakovski str., entrance B, floor 2, office 6, Bulgaria) Internet-shop (herein we, us MD7 or the Internet-shop) is intended for the purchase and sale of investment gold bars.
Order delivery is done by courier mail at the Buyer’s cost. Shipping costs are specified by the relevant postal service depending on the country of destination, the cost of the content, and insurance, if applied.
In order to buy investment gold from MD7, it is necessary:
i. — To register in the Internet shop subject to these Website Terms and Conditions; and
ii. — To choose gold bars and place an order (an approved registrant being herein a Buyer).
MD7 will send an invoice to the Buyer. The invoice will be sent to the e-mail the Buyer stated in the registration.
As the gold market price may change several times in a day, the Buyer must make a bank transfer of cleared funds and send a copy of the payment to the shipping department by e-mail within 24 hours.
If MD7 does not receive the confirmation of payment for the order within 24 hours of the order being placed, the order will be cancelled.
Take Notice: These terms form a binding contract with you. You should ensure that you read them carefully and contact us via firstname.lastname@example.org if any question arose before you use this Site.
Acknowledgments: By using the Site, you acknowledge and agree that:
a. you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them.
b. as allowed under s56 of the Sale of Goods Act, any implied duty or liability is negated in favour of MD7, as these Terms record our agreement with you.
- PURCHASE OPTIONS
- EXCLUSION OF LIABILITY
- Your Liability
- Cancellation of Internet-shop Account
- GOVERNING LAW
1 PURCHASE OPTIONS
1.1.1 There are two of options for the purchase of gold in the MD7 website. These options include:
a. Paying in full; and
b. Paying in installments
1.2.1 Payments may be made by credit card, bank transfer, or through a special payment system authorized by us.
1.2.2 We are authorized to verify any payments made by you whether by credit or debit card, or bank transfer in order to prevent fraud. The delivery of gold bars will only be carried out in the name of the payee.
a. In situations where the credit card / account holder and the person named on the Preliminary Invoice are different, verification of identity may be required. This may cause a delay in the purchase process.
b. If the requested proof of identity is not provided within three working days from the date of payment, or if there are any doubts about the authenticity of any transaction, we reserve the right to cancel the transaction.
c. If we cancel a transaction, any amount received, excluding valid bank charges, will be credited back to the card or account holder (as applicable).
1.2.3 You warrant and certify that any funds provided are clean, clear and of non-criminal and tax paid origin and hold MD7 harmless accordingly.
1.3.1 To place an order under the terms, the Buyer must:
1. Register in the MD7 Internet Shop;
2. If the Buyer is a natural person, be at least 18 years of age;
3. Ensure within 14 days of placing an order that they are compliant with the relevant law by uploading a verified copy of:
- the passport or valid identification document issued (such as a driving license or national identity card); and
- a current utility bill or bank account statement (not older than six months) displaying the Buyer’s residential address.
2.1.1 You will select the quantity from the Internet-shop.
2.2 Product brand
2.2.1 Branding is dependent upon supply and country rules under which you will take physical possession. Accordingly, you accept that whilst the Company will take reasonable steps to ensure that you receive the product from your preferred refinery, the Company reserves the right to supply gold bars from a different refinery, provided they are of equivalent purity and that refinery is a current LBMA member.
2.3.1 You understand that for regulatory reasons the Internet-shop might need to delegate certain tasks from these Terms to third parties (assignees) depending on the country where physical gold is to be picked up by you, to preserve compliance, best practice and your interests. Such tasks might include but are not limited to:
a. the actual handover of physical gold
b. the gathering of additional and more detailed client information as well as further identification of the client.
2.3.2 You are willing to enter in a respective limited contractual relation with an assignee as well as to issue additional information as might be required by local regulations to ensure you are best able to collect your Purchase.
2.4 Upon Settlement of Your Purchase
Once you have purchased Gold from us, you will receive the Gold by courier (delivery fees will be charged); or through another suitable option, e.g., collecting the Gold in person from our licensed gold provider (by appointment with 7 working days prior notice, subject to you meeting the licensed gold provider’s reasonable costs).
Shipping is effected within 7 working days after the purchase or 14 working days if a customs declaration is required.
2.6 Return of purchased goods / Refund Policy
Purchased goods can be returned within seven (7) business days from receipt, if not used, unsealed with abnormal presentation and all the rest of conditions in art. 55 of the Law on consumer protection. The costs of returning the goods are paid by the Client. The refund for the purchased item is made once the customer contact any of our staff members and provide a bank account into which the amount will be transferred after the shipment being accepted from our side and then making sure in its entirety. The reimbursement will be made only via bank wire within 5 working days after we receive the shipment.
3 EXCLUSION OF LIABILITY
To the full extent permitted by law, we exclude all:
a. liability in respect of interruption of business or any consequential or incidental damages including with respect to the use of the website.
b. representations, warranties or terms (whether expressed or implied) other than those expressly set out in these Terms.
c. liability for errors, negligence, delay or inability to execute orders to make gold payments. Any requests are processed by us on a best effort basis.
3.2 Legislative Considerations
These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
a. in the case of goods: the replacement of the goods or the supply of equivalent goods.
b. in the case of services:
(i). the supply of the services again; or
(ii). the payment of the cost of having the services supplied again.
4 YOUR LIABILITY
4.1.1 You are liable for any loss suffered by MD7 (including but not limited to consequential loss), which results from:
a. your fraud or negligence.
b. your breach of these Terms.
c. the unauthorized access to or use of your account through the Internet-shop and to which you have contributed by your failure to comply with these Terms. This includes, but is not limited to, situations where you:>
(i). select a suitable password for the Internet-shop;
(ii). fail to reasonably safeguard your Internet-shop password; or
(iii). unreasonably delay in notifying us of the actual or suspected disclosure to any other person of your Internet-shop password, or that there has been or you suspect there has been unauthorized activity or access to your products.
5.1 Our policy
5.1.2 Your personal data is processed and protected in accordance with our Data protection policy.
5.2.1 In the event that we become aware or reasonably believe that you are involved in activities which are illegal in any jurisdiction that we consider relevant (at our absolute discretion), then we reserve the right to fully co-operate with government agencies in any part of the world and will not be bound by any duty of confidentiality to you.
5.2.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that the Personal data we hold under our control is protected against:
a. Loss; and
b. Access, use, modification, or disclosure, except with our authority.
5.2.3 Your account information is accessible online only through the use of a password. To protect the confidentiality of your Personal data, you must keep your password confidential and not to disclose it to any other person. You are responsible for all the uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.
6 Cancellation of Internet-shop Account
6.1 By your request
You may request that we cancel your Internet-shop access at any time. To do this, you must notify us in writing or by phone. You will remain responsible for any transactions made on your products and fees incurred until your access has been cancelled.
6.2 Cancellation or Suspension
6.2.1 We may cancel your Internet-shop access at any time by giving you 14 calendar days’ notice.
6.2.2 We may suspend or cancel your Internet-shop access immediately:
a. upon your death, bankruptcy or if we become aware that you lack legal capacity;
b. if you breach these Terms;
c. to comply with a court order or other legal requirement;
d. if we are notified of a dispute over the funds you provided as payment, or the operation of, or delivery of a product; or
e. if we have reason to believe your Internet-shop access has been compromised.
6.2.3 If your account is cancelled for any reason, we may, at our sole discretion, delete any websites, files, graphics or other content or materials related to your use of the website or the services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so.
6.2.4 Following cancellation, you will not be permitted to use the website or any associated services. If your account or your access to the website or services is cancelled, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website or services.
6.2.5 If your account is cancelled, you must immediately pay us any fees and any liability that you owe (including but not limited to any liability under Section 4), such liability to us will survive any cancellation (see Clause 9.2). Pending payment by you of such fees and/or liability we reserve our rights to exercise a lien on the contents of your account and/or any Product purchased.
6.3 Dormant Account
If you do not access your account for a period of 12 months or more, your account will be deemed dormant and will require reactivation.
a. We will send you a reminder to your email address that reactivation is required. A reactivation fee may be charged to your account.
b. If you do not reactivate your account within six months after a reminder has been sent, we will cancel your account as per clause 6.2.
We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt promptly and fairly. This is managed by our contracted help desk.
a. If you have a complaint about our services or products, you may refer your complaint:
(i). to the Company, through your Message Box; then if it is not resolved
(ii). to the team supervisor, customer care.
b. The team supervisor may be contacted as follows:
(i.) by email at email@example.com.
8 GOVERNING LAW
These Terms are governed by the laws of Bulgaria and each party submits to the jurisdiction of the courts of Bulgaria. Any action against us may only be taken in Bulgaria; provided however that nothing in these Terms is intended to prevent us from:
a. seeking, in any other court (or jurisdiction), orders whether granting interim relief or interim protective measures in support of or in place of proceedings to be brought before a court in Bulgaria; or
b. seeking to enforce a trial of a Bulgarian Court in any other country.
9.1.1 You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
9.1.2 If this Agreement is recorded in a language other than English, in the case of any discrepancy of terms or meaning, the English text shall prevail.
9.1.3 Some relevant jurisdictions have signed an Inter-Governmental Agreement with the United States of America with respect to the Foreign Account Tax Compliance Act (United States of America), accordingly we may be obliged to provide the Internal Revenue Service with copies of this Agreement and any financial transactions in respect of which you are involved (directly or beneficially).
9.1.4 This website and its Information are owned and administered by MD7Trade Ltd.
9.1.5 The products named in the website are only available to residents of countries where the offer of such products is permitted by law.
9.1.6 MD7Trade Ltd. may assign or novate MD7Trade Ltd’s rights and obligations under these Terms, and in respect of its agreement with you to another company, without your prior consent, provided that the assignee is then bound by these Terms.
9.2 Survival of Obligations
Each provision of this Agreement that is capable of surviving termination of this Agreement will survive that termination.
9.3 Successors and assigns
This Agreement will be binding on and inure to the benefit of the Parties and their permitted successors and permitted assigns.
9.4 Force Majeure
9.4.1 Subject to Clause 6.2, both parties will be released from their respective obligations under this Agreement in the event of national emergency, war, prohibitive governmental regulation, or any other event beyond the reasonable control of the parties or either of them renders the performance of this Agreement impossible.
9.4.2 on the occurrence of such an event:
a. all money due under this Agreement must be paid immediately; and
b. the Buyer must immediately cease carrying on any business in connection with any Program, unless expressly permitted by MD7Trade Ltd. in writing.