General Terms and Conditions (GTC) of SECURE GOLD TRADE FZCO
Preamble:
SECURE GOLD TRADE FZCO (hereinafter "SECURE GOLD TRADE" or "we") operates an online platform for the purpose of purchasing gold and other precious metals from sellers (hereinafter "Seller" or "you"). These GTC govern the conditions for the use of the platform and the processing of gold purchases.
§1 Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between SECURE GOLD TRADE and Sellers who use the platform to offer gold or other precious metals for sale.
We do not recognize any conflicting or deviating terms and conditions of the Seller unless we have expressly agreed to their validity in writing.
These GTC are exclusively addressed to entrepreneurs within the meaning of § 14 BGB (German Civil Code) (if German law is subsidiarily relevant) or to commercial sellers.
§2 Subject Matter and Conclusion of Contract
The subject matter of the contract is the purchase of gold and/or other precious metals by SECURE GOLD TRADE from the Seller after successful completion of the verification process.
The presentation of services on the website, particularly the online questionnaire, does not constitute a legally binding offer, but rather an invitation to the Seller to submit an offer to sell (invitatio ad offerendum).
By completely and truthfully filling out the online questionnaire and submitting the required documents, the Seller makes an offer to sell the specified precious metals.
SECURE GOLD TRADE reviews the offer and the submitted documents. SECURE GOLD TRADE reserves the right to reject offers without stating reasons, particularly if the verification process cannot be successfully completed or if there are doubts about the legitimacy of the offer.
A purchase contract is only concluded when SECURE GOLD TRADE expressly accepts the Seller's offer in writing (e.g., by email or through a separate purchase agreement) and, if applicable, confirms the agreed conditions (e.g., price, delivery terms).
§3 Verification Process and Obligations of the Seller
The Seller is obliged to provide all information requested in the online questionnaire and during the further verification process completely, correctly, and truthfully.
The Seller is obliged to provide all documents necessary for verification (e.g., proof of identity, proof of origin for the gold / Proof of Product (POP), company registrations) in the required form and quality.
SECURE GOLD TRADE is entitled to comprehensively verify the identity of the Seller and the authenticity as well as the origin of the offered precious metals (Due Diligence).
Violations of these obligations, particularly the provision of false information or the withholding of relevant documents, may lead to immediate rejection of the offer and exclusion from future business relationships.
§4 Prices, Payment Terms, Settlement
Price basis (e.g., London Fixing, spot price minus margin)
Procedure for fineness and weight analysis
Time of payment
Responsibility and costs for transport and insurance
§5 Liability
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§6 Confidentiality
Both parties undertake to keep all confidential information of the other party obtained within the scope of the business relationship secret and to use it only for the purposes of the respective contract.
The signing of a separate Non‒Disclosure Agreement (NDA) may be required.
§7 Final Provisions
The law of the United Arab Emirates shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Dubai, UAE. However, SECURE GOLD TRADE is also entitled to sue the Seller at their general place of jurisdiction.
Should individual provisions of these GTC be or become ineffective, the validity of the remaining provisions shall not be affected thereby.
Responsible person within the meaning of these GTC: Frank Meier