SMART CHIP CARD SOLUTIONS – GOLD – SILVER SALES STANDARD TERMS AND CONDITIONS
1. GENERAL: The terms and conditions on this form constitute the entire agreement between the parties. All sales of SCCS Ltd. (Seller) are expressly conditioned under the Terms and Conditions set below (the Terms) which are the only Terms of this sales and supersede all prior negotiations, correspondence and statements. These Terms may in some instances conflict with those of the Buyer’s purchase order. If so, such terms not in conformance with these Terms are rejected and Seller’s Terms shall govern. Acceptance of Buyer’s order is expressly conditioned upon Buyer’s acceptance of or assent to Seller’s Terms which shall be established by a written acknowledgment, by implication, or by acceptance or payment for products ordered hereunder. Seller’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in these Terms must specifically be agreed to in writing and signed by SCCS Ltd. officer before becoming binding. Retention by Buyer of any products sold hereunder shall conclusively deemed acceptance of these Terms.
2. DEFINITIONS: SCCS is not the bank and does not provide bank services. SmartGold card represents membership card. It means SCCS issued encrypted chip card. No transaction between Seller and Buyer shall take place without card. Buy - Sell transactions shall be performed during business hours. Business Hours are Seller’s business hours; Monday – Friday, 8:00 to 16:30 EST. SmartGold Trading Board shall mean Internet communication gathering place for Sellers to sell/buy gold using holdings loaded into SmartGold cards. Gold Bullion shall mean 99.99 fine gold bars in different nominal sizes and made by selected mint manufacturers. Silver bullion shall mean 99.99 or 99.9 fine silver bars, made by selected mint manufacturers. Customer Purchase Transaction shall mean sales whereby Seller sells gold or silver and loads it into Customer’s SmartGold Card. Customer Sale Transaction shall mean transaction where Buyer sells some of his gold holdings from SmartGold Card back to Seller. Method of Payments shall mean methods of payment used by Buyer to pay Seller.
3. GUARANTEE: We guarantee that every electronic Gold Certificate (bar) or electronic Silver Certificate (bar) in the SmartGold Card system is 100% backed by physical gold or silver, and that every member can redeem his Gold or Silver at any time.
4. METHOD OF PAYMENTS: Approved methods of payments are: cash, credit card, PayPal, Moneygram, Western Union, personal check, business check, bank draft, EFT, ACH, Interac, Bitcoin and bank wire. Payment is considered completed only after money gets positively deposited into Seller’s bank account. Delay could be non existent or in case of non verified credit card last up to 185 days. Detailed breakdown shall be posted on this WEB site on "Fees" page. Purchased gold shall become available and card completely active after those delays expire. Only way for instant purchases is by having cleared funds in account ready for purchases.
5. FEES: Seller shall charge fees for every transaction. Fees may be: administrative, returned check, cancellation, returned parcel, market loss. List of fees is available on site on “Fees” page.
6. RIGHT TO REFUSE SALES: Seller keeps right to refuse sales for any reason or no reason at all. Very large transactions are subject to per case negotiations. Any attempts to circumvent security in the cards or system, post fraudulent payment or attempt to defraud other SmartGold members on board trading shall result in termination of SmartGold Club account for life.
7. TAXES: No sales tax is charged on sales of precious metals to Canadian buyers. Tax is charged on sale and delivery of SmartGold cards. No sales tax is charged to any foreign Buyers. Seller shall not report purchases to any tax agency. It is Buyer's sole responsibility for any personal tax reporting regardless of country of Buyer’s residence.
8. SHIPMENT: All shipments are made to Buyer’s destination point unless otherwise specified. In the absence of specific instructions Seller selects the carrier. Registered mail is used for intra Canada documents mailings. Courier delivery for everything else. Physical gold delivery is done by pre-paid, insured courier. Title to products and risk of loss pass to buyer upon signing off delivery service by Buyer.
9. MARKET RISKS: Buying precious metals is subject to market risks beyond anybody’s control. Buyer buys gold at his own will and risk and agrees to indemnify and hold Seller harmless against and defend Seller from, any and all suits, claims, demands, losses, causes of action and judgments relating damages, whether for personal injury or to personal property, suffered by any person, firm, corporation or business association, including, but not limited to. Seller’s sales representatives shall not dispense investment advice.
10. ORDER CANCELLATION: If order was received, money cleared and purchase of gold performed Seller considers order like that completed. It can not be canceled. Only course of action left is a sale order.
11. EXCLUSION OF WARRANTIES: Seller assigns to its customer those warranties and only those warranties by its vendors. Seller does not itself warrant any product which it sells. Seller does represent that that the products it sells are only brand name mints of 99.99% gold or 99.9/99.9 silver, clearly marked, serialized where applicable. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY , EXPRESS OR IMPLIED, OR ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT.
12. SELLING BACK TO SELLER: Buyer can sell portion or all of his gold holdings to Seller. “We buy” price is clearly marked on our WEB site. If unsure ask for quote. Transaction may include fees. Check fees page. Seller shall buy back Seller provided gold only, that already exists in storage vaults. No third party gold shall be accepted.
13. CHANGES AND AMENDMENTS: Seller retains right to amend and change Terms and Conditions at any time. Check this page often for up to date information. Gold pricing, fees and total cost shall change according to market movements at any time.
14. INTERNAL SECURE E-MAIL SYSTEM: SCCS created and shall be using internal, secure, private messaging system to communicate with SmartGold members. When trading, same system shall be available for members themselves to exchange secure messages with other members in order to complete sell/buy transactions. In order to protect member's privacy it is prohibited for members to reveal, publish, post in social media or make public any messages received or sent. SCCS keeps right to oversee system and terminate SmartGold membership for any members that do not abide to that privacy rule.
15. RIGHT TO STOP SALES: Seller shall keep right to stop on-line sales at any moment due to extreme market volatility where any stable pricing and transactions are not possible.
16. ACCOUNT TERMINATION: SmartGold membership may be terminated by Buyer or Seller at any time. SmartGold card shall canceled immediately and SmartGold holdings shall be transferred out or sold and proceedings sent to account owner. There is no termination fee, just a courier delivery charge or bank wire fee. For attempts of fraud or offenses Seller may terminate SmartGold membership without announcement. Same kind of holdings redemption shall be available for former member.
17. WAIVER: No waiver by Seller of any of these Terms shall deemed to constitute a waiver of any other terms or waiver of the same or any other provision with regard to portions of this transaction or future transactions.
18. ERRORS: Stenographic and clerical errors and omissions in the Invoice are subject to correction.
19. APPLICABLE LAW: This agreement shall be deemed entered into the Province of Ontario, Canada and the laws of Burlington shall govern its validity, performance and construction.
20. COPYRIGHTS, TRADE MARKS: SmartGold name, logo, SCCS name and logo are owned by Smart Chip Card Solutions Ltd. out of Burlington, Ontario, Canada. Precious metals – products names, appearances, pictures and markings are owned by corresponding manufacturers and are shown on this WEB site purely for marketing and sales purposes only.
21. LEGAL DOCUMENTS: Storage Insurance Certificate, SCCS Authorization to Storage, Secure Storage Audit documents are available on demand to members only.
22. DEMAND FOR ENGLISH: The Seller, by making this agreement available to the Buyer, confirms that all documents and notices relating there to be drafted in English language only.