Terms & Conditions for the Purchase and Storage of Precious Metals
Store Noble House
Terms & Conditions
The following Terms and Conditions shall govern all transactions between the Customer and Noble House Group™.
It is the Customer’s responsibility to confirm that their transaction conforms to the Terms and Conditions as set out below. The Customer acknowledges that Noble House Group™ relies on the veracity of all information provided by the Customer when processing any application. By agreeing to these Terms and Conditions, the Customer warrants that all information provided is true and accurate.
2. TRANSACTION – REQUIREMENTS
2.1 Retail customers
All retail customers that purchase from Noble House Group™ must have an account. Accounts can be created online through the e-shop of Noble House Group™
2.2 Business customers
All business customers require the following documentation:
A completed application form
Completed and signed copy of a certified Company Resolution containing the name of the authorized signatory to sign and transact on the Business account created
A clear copy of one valid, government issued photo identification for each authorized signatory to the business account created
Signature specimen of the authorized signatory that can sign and transact on the business account created
Depending on the type of business entity, additional documentation might be required
3. ORDERS THROUGH E-SHOP OF NOBLE HOUSE GROUP™
3.1 Orders may be placed:
Online – twenty-four (24) hours a day, seven (7) days a week
3.2 Price Confirmations for Customer Purchase Transactions
The purchase price is determined by the seller, where applicable, on the basis of the lastly known applicable precious metal prices. All prices indicated by the seller are exclusive of possible additional costs, e.g. transport, packaging and/ or insurance. These costs are at the expense of the buyer and are charged by the seller on top of the indicated prices, unless expressly agreed upon differently by the seller and the purchaser.
All prices are excluding VAT. All extra costs incurred by seller in order to accomplish compliance of the agreement are at the expense for the purchaser. The collecting costs amount to 15%, with a minimum of USD 150. A price is confirmed at the time a Customer Purchase Transaction is submitted Subject to these terms and conditions, the price at the time a transaction is submitted will be locked in, regardless of market fluctuations.
Fluctuations in gold and silver prices between purchase date and delivery date shall not affect the purchase price. Seller is expressly not responsible and/or liable for price fluctuations between the moment a purchase is concluded and the actual delivery of the goods.
3.3 Payment methods
The following payment methods can be used to perform a transaction purchasing from our website:
3.4 Purchase Transaction completed
A Customer Purchase Transaction is completed when payment is received in full. Should a Customer wish to cancel at any point prior to the transaction being completed, the Customer may be liable for cancellation fees.
3.5 Purchase Transaction cancelled
An automatic cancellation will be issued by the system if payment is not received within 5 business days
Noble House Group™ has not offered or given and will not provide any investment advice in connection with any Customer Purchase Transaction or Customer Sale Transaction and has not offered or given any opinion with respect to the suitability of any transaction made or which might be made by the Customer. The Customer warrants that Noble House Group™ has not offered or given any investment advice to Customer in connection with the products and services offered by Noble House Group™. In addition, Noble House Group™ has not given Customer any opinion with respect to the suitability of any of its products or services for Customer.
4.2 Market Risk
Customers should carefully consider the suitability of Precious and Technology Metals as an investment choice before taking any decisions that may affect their financial situation. The purchase and sale of Precious and Technology Metals involves a high degree of risk and is not suitable for all persons. The purchase and sale of Precious and Technology Metals provides no guarantee of interest, yield or return. Losses may be incurred both as a result of price devaluation and if price gains do not exceed applicable fees, including those charged herein. The Customer has read and understands these Terms and Conditions and acknowledges that all risk of decline in the market value of any Precious and Technology Metals is the Customer’s risk and not that of Noble House Group™. If the Customer has any doubt as to the suitability of Precious and/or Technology Metals as an investment, the Customer should contact an independent legal or financial advisor.
5. LIMITATION OF LIABILITY
Noble House Group™ hereby reserves the following rights and the Customer acknowledges and agrees to the following:
5.1 Technical Issues
Electronic Order Entry Risk Disclosure and Disclaimer Noble House Group™ specifically disclaims any liability or responsibility for orders placed via the Noble House Group™ online order entry system, for any losses, or direct, indirect, consequential or incidental damages, which the Customer may recognize or incur as a result of the use of the Noble House Group™ online order entry system. Further, Noble House Group™ specifically disclaims any liability for the interruption, cancellation or other termination of the Noble House Group™ online order entry system.
All orders placed through the order entry system are taken on a best efforts basis. Noble House Group™ shall not be responsible for errors, negligence or inability to execute orders. Nor shall Noble House Group™ be responsible for any delays in the transmission, delivery or execution of Customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Noble House Group‘s reasonable control or anticipation.
5.3 Possible System Failure
Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The Customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Noble House Group™.
5.4 Internet Security
Noble House Group™ adheres to the highest security measures to ensure Customer data is protected against theft, loss, and corruption, and against the misuse and alteration of any Customer data stored on our servers. However, when a Customer accesses their account via a public or unsecured computer terminal or if a Customer chooses to share their account username and password (“Electronic Identification Information”), Noble House Group™ cannot guarantee the security of account data. Sensitive communication between the Customer and Noble House Group‘s online store is always protected via encryption while in transit, using the SSL encryption standard. However, the Customer should be aware that Noble House Group™ has no control over the privacy of Customer e-mail communications with us. We highly recommend that Customers not include private and sensitive information in e-mails to Noble House Group™, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. Noble House Group™ will not be held liable for any damages suffered by Customers should they transmit confidential or sensitive information to us through e-mail. Information provided on Noble House Group‘s e-shop is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. Noble House Group™ is not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of its website.
Except as otherwise expressly provided, Noble House Group™ shall not be liable for any loss or damage, whether direct or indirect, resulting from the transactions contemplated by these Terms and Conditions. Noble House Group™ shall expressly not be liable for any unreasonable and/or unforeseen market fluctuatio, Noble House Group™ shall not be liable under any circumstances whatsoever for special, incidental, consequential, indirect or punitive losses or damages (including loss profits or lost savings), whether or not caused by the fault or neglect of Noble House Group™ and whether or not Noble House Group™ had knowledge that such losses or damages might be incurred. The limitations and exclusions in this clause shall apply to all claims of whatsoever nature, kind and description, whether arising from breach of contract, delay or non-delivery of services, negligence or otherwise.
5.6 Force Majeure
Noble House Group™ shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labour disputes, or events or circumstances beyond its reasonable control, but Noble House Group™ shall use commercially reasonable endeavors to minimize dangers or losses to the Customer as a consequence of such events.
6. CUSTOMER OBLIGATION AND LIABILITY
6.1 Compliance and Due Diligence
The Customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Noble House Group™ e-shop, and the Customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction. The customer is also solely liable for any tax obligations in the Customer’s Governing Jurisdiction related to any precious metal purchase on the Noble House Group™ e-shop. The Customer has carried out reasonable due diligence to ensure that the purchase of Precious and/or Technology Metals as provided under these Terms and Conditions is not contrary to any laws or regulations of the Customer’s governing jurisdiction, and that the acceptance of these Terms and Conditions by the Customer and the entering into of a Customer Purchase Transaction or Customer Sale Transaction is not contrary to any federal, provincial, state or any other law or regulation applicable to the Customer.
6.2 Protection of Electronic Identification Information
It is the Customer’s obligation to ensure that its Electronic Identification Information is kept secret. The Customer agrees to keep their Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.
If a Customer believes that any transaction or balance recorded in their account is incorrect, the Customer must contact Noble House Group™ immediately to notify Noble House Group™ of suspected unauthorized use of Customer’s Electronic Identification Information. Customers are responsible for ensuring the accuracy of the information displayed in their account, howsoever accessed. Noble House Group™ will not be held liable should a Customer fail to disclose any unauthorized use of Electronic Identification Information and Customer’s Noble House Group™ accounts.
6.4 Customer liability
Noble House Group™ will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof. The Customer will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Noble House Group™ of the suspected unauthorized use as indicated in sub-section 8.5 above.
7. INTELECTULA PROPERTY, TRADEMARKS, lOGOS
All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in this website are and will remain the sole property of Noble House Group™ (or its suppliers where applicable). All information and material supplied by Noble House Group™, constitutes part of Noble House Group‘s confidential and proprietary information and no Customer participating in any of its programs may reproduce, copy or disclose such information without the prior written consent of Noble House Group™. No party accessing this e-shop may attempt to, tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any software used in Noble House Group‘s programs or comprising Noble House Group‘s e-shop.
This Agreement shall remain in effect from the time the Customer Purchase Transaction or Customer Sale Transaction is initiated until its completion. These Terms and Conditions shall terminate upon the completion of any Customer transaction, or should the Customer be found to be in violation of any term or condition stated herein. The below sections describe the various conditions under which a Customer’s Noble House Group™ Account, Customer Purchase Transaction, or Customer Sale Transaction may be terminated.
In the event: (i) that a receiver or trustee is appointed in respect of the property and assets of the Customer as a result of the latter’s insolvency or bankruptcy, and (ii) that Noble House Group™ is requested by the receiver or trustee to remit any Customer holdings, the receiver or trustee will direct any Customer holding liquidation requests to Noble House Group™. Any inquiries by the said trustee or receiver regarding the present Agreement between the Customer and Noble House Group™ shall be directed to Noble House Group™.
8.2 Death of Customer
In the event of Customer death, Noble House Group™ will require full documentation of the Customer’s estate, including a copy of a death certificate, will or trust documentation, and any probate information if applicable. Upon confirmation of a Customer death, Noble House Group™ will freeze the Customer’s account and act in accordance with the conditions set out in the Customer’s will, or as instructed by the trustee of the Customer’s estate. It is the sole responsibility of the Customer to ensure that such documentation will be provided for in the event of death.
8.3 Customer Negligence
Noble House Group™ may terminate this Agreement immediately upon the Customer’s failure to comply with the provisions of the Terms and Conditions.
9.1 Changes to Terms and Conditions Noble House Group™ reserves the right to change these Terms and Conditions at any time, without prior notice to the Customer. Acceptance of these Terms and Conditions is limited to the acknowledged Customer Purchase Transaction, and is not applicable to any future transactions. The Customer will be responsible for accepting the Terms and Conditions for every subsequent transaction.
9.2 Applicable Law
This Agreement shall be construed in accordance with and governed by the laws applicable in Panama . The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Panama in respect of all matters or disputes arising from the Agreement, except as otherwise specifically stated herein.
9.3 Binding Effect
In the event that any provision in this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.
This Agreement is binding upon the parties hereto and their respective successors, heirs, legal representative and permitted assigns.
The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.