1. The following concepts and definitions are used in the agreement:
1.1. The Agreement - the present agreement for the provision of services provided by the Company via the Internet and services for the delivery and storage of gold bars.
1.2. Services - registration of orders to buy and sale of investment gold, according to the General terms and conditions of trade deal agreement, as well as control over the completion of orders and the usage of tools for advertising - marketing activities. The agreement is placed in an electronic form on the Company website and is concluded by the electronic method between the Company and the Buyer, Holder of the order with intermediary of the Company website.
1.3. The Company is the EMGOLDEX Internet-shop, which concluded the present Agreement with the Buyer, Holder of the order. The Company registered at the address: Unit 2H-05-396, Floor 5, Building 2, Jewellery & Gemplex, DMCC, Dubai, UAE, registration № IC/2681/10.
1.4. The Buyer, Holder of the order – capable private person or corporate body.
1.5. Parties – the Company and the Buyer, Holder of the order.
1.6. Website - The website of the Company available at the Internet address www.emgoldex.com and having a control panel.
1.7. Control Panel - the interface of the website which Company provides the Buyer to carry out orders and monitor their completion and monitoring of used services, etc.
1.8. General terms and conditions of trade deal agreement – the terms and conditions of this Agreement, available on the website and established by the Company for trade deals and relations with the Buyer, Holder of the order, which agreed by the Buyer entering into this Agreement.
2. The subject of the Agreement, the right and the responsibility of the Parties
2.1. The Company provides the Buyer the right to use Internet services provided by the Company for registration of orders to buy-sell investment gold bars using the technical instruments granted for this purpose by the Company according to the terms of this Agreement.
2.2. The buy-sell prices of investment gold bars and price for services provided by the Company are placed on the website of the Company and can be changed according to the terms of this Agreement and the General terms and conditions of trade deal agreement.
2.3. The Company makes the delivery of gold by insured mail. On request, the Company allocates investment gold for safekeeping in a certified depository of precious metals. The owner, customer pays for delivery and safekeeping of the gold. Getting gold out of the depository is made only by prior arrangement.
2.4. The Buyer uses the Control panel and technical instruments provided by the Company for completion of the order and for advertising-marketing activity. For this purposes the Buyer undertakes to pay the Company the service fee (hereinafter referred as Subscription fee) at the rate of 20 Euros per every cycle of Preliminary or Main table.
2.5. Upon the payment of the Subscription fee by the Holder of the order the Company undertakes to grant the Buyer in the Buyer’s Control panel the technical instruments to buy-sell the investment gold, to control the order completion and to ensure the advertising-marketing activity of the Buyer according to the General terms and conditions of trade deal agreement.
2.6. For advertising and involving new customers the Company pays to the Holder of order a bonus reward (hereinafter referred as Bonus reward) in amount, order and terms based on General terms and conditions of trade deal agreement.
2.7. Using the Control panel and services provided by the Company, it is forbidden to Holder of the order to send an advertising information without the consent of the addressee (spam), the "spam" is defined as a commercial communication (ie email, intended to advertise products, services or the image of companies), which is sent automatically and without the consent of the recipient.
2.8. Holder of the order undertakes not to spread discrediting Company information, the false or deformed information concerning the Company and services provided by the Company, not to create a hindrance for activities of the Company and its clients, to follow the other requirements specified in this Agreement and in the General terms and conditions of trade deal agreement.
2.9. Using an additional service of the Company, Holder of the order undertakes to observe the determined by the Company rules for usage of provided services. Holder of the order bears responsibility for all losses which can arise at the Company in connection with an abuse of regulations of use of service instruments.
3. Terms of payments
3.1. Subscription fee is determined by the General terms and conditions of trade deal agreement. Concluding the Agreement, Holder of the order confirms that he/she is acquainted with the Subscription fee and agrees to pay it.
3.2. Subscription fee payment is made at the moment of Order registration
3.3. The Company reserves the right to unilaterally revise the Subscription fee and General terms and conditions of trade deal agreement. The Company informs the Holder of the order about changes of Subscription fee and General terms and conditions by publication the information about this on the website or by other way. The effective date of new General terms and conditions, as well as the amount of new Subscription fee, is the date of their publication on the website. The Holder of the order has the right to continue to use the Control Panel and provided technical instruments according to the previous Subscription fee until the completion of the registered Order.
3.4. If Holder of the order does not agree with changes of Subscription fee and General terms and conditions he/she is obliged to notify on it the Company by mail within 7 (seven) days from the date of changing of Subscription fee. If Company has not received the notice from the Holder during the given time, it is considered that the Holder of the order agrees with change of General terms and conditions and Subscription fee.
3.5. In case of disagreement with changes of Subscription fee and General terms and conditions of trade deal agreement the Holder of the order has the right to complete the Order according to the previous terms and to refuse registration of the new order.
3.6. The Buyer, Holder of the order pays the Order and the Subscription fee according to the invoice of the Company. The Buyer undertakes to make payment within 24 hours from the moment of concluding the Agreement.
3.7. At the Order and Subscription fee payment, the payment order should contain number of the invoice - order. In case of absence of the indicated data, the Company has the right not to take payment to account and to suspend the present Agreement until the correct payment order is issued by the Buyer. The transfer costs (commissions of sender and recipient banks) are assigned to the Buyer, Holder of the order.
3.8. The buyer is responsible for the accuracy of made payments on his/her own.
3.9. The Buyer’s payment is considered to be carried out from the moment of money transfer to the Company’s accounts.
3.10. The Buyer has the right to print the invoice by using the Control Panel. The invoices are forwarded to the Buyer by mail to the address indicated by the Buyer in the Control Panel upon the request of the Buyer and for the extra charges.
3.11. The Buyer is obliged to watch over his/her e-mail and receiving the invoices from the Company.
3.12. If the delay of invoice payment is more than 24 hours, the Company has the right to terminate the present Agreement without advance notice. In this case the Order to buy an investment gold is cancelled.
4. Resolving disputes under the Agreement, liability of the Agreement infringement
4.1. Operation of the company is regulated by the legislation of Federal Republic of Germany. Any dispute, disagreement or claim in connection with the present Agreement or its infringement, cancellation or nullity will be definitively allowed by Arbitration court of Munich, Germany.
4.2. The Holder of the order bears responsibility for infringement of the present Agreement and General terms and conditions of trade deal agreement. The Holder of the order bears responsibility for all losses which can arise at the Company as a result of infringement by the Buyer, the Holder of the order of the present Agreement and General terms and conditions of trade deal agreement.
4.3. In case of infringement of positions of the present Agreement or General terms and conditions of trade deal agreement by the Holder of the order the Company has the right to interrupt immediately the present Agreement without advance notice. Earlier received Subscription fee is not refundable. The company is released of the responsibility to pay to the Holder of the order the Bonus reward provided by the present Agreement. The Holder of the order undertakes to complete the Order for Holder’s account.
4.4. The company does not bear responsibility for eventual losses of the Holder of the order, including direct and indirect losses, lost profit which can arise when Holder of the order uses the Internet - services, Control panel and technical instruments granted by the Company.
5. Force majeure
5.1. Parties are not responsible for partial or full default of obligations under this Agreement if this default was a result of force majeure which has arisen after the conclusion of this Agreement as a result of extraordinary events (such as natural disasters, war, military action of any nature, earthquake, hurricane, etc.), which the Parties could not neither expect, nor prevent by reasonable measures.
5.2. If one or the other Party cannot be fully or partially satisfy its obligations under circumstances defined in item 5.1 of this Agreement, the terms of obligations under this Agreement shall be extended for a period equal to the period of existence of these circumstances.
5.3. Any of the Parties has the right to terminate the present Agreement if the circumstances specified in item 5.1. of this Agreement, last more then twelve months. In this case the Parties do not have rights for compensation of the losses, which are risen in connection with such termination.
5.4. The Party that is unable to fulfill its obligations due to circumstances specified in item 5.1 of this Agreement shall immediately inform the other Party in writing of these circumstances arise, indicating the nature of the circumstances and their impact on the possibility of contractual obligations.
6. Conclusion of the Agreement, period of validity, rules of cancellation
6.1. The Agreement becomes effective and is obligatory for the Parties from the moment of the electronic confirmation of the Agreement on the Company website by the Buyer – the Buyer marks «I agree» in the bottom part of the Agreement, and also from the moment of invoice payment reception by the Company. On arrangements of the Parties, the Agreement also can be issued in written form. Date of conclusion of the Agreement is fixed by the registration data of the Company.
6.2. The Agreement is concluded until the completion of the Order by the Parties and it can be prolonged automatically on the next Order paid by the Buyer.
6.3. In case of pre-term cancellation of the Agreement under the initiative or fault of the Holder of the order a Subscription fee is not refundable.
7. Terms of Confidentiality
7.1. The confidential information, hereinafter referred to as the Confidential Information, is the personal information of the Buyer, the Holder of the order, concerning the present Agreement and the way of its execution, including the information created within the limits of execution of the present Agreement. The information in the public sources is not confidential.
7.2. The parties are to agree to keep the confidentiality of the Confidential Information.
7.3. The Parties undertake to observe the confidentiality of the Confidential Information by their authorized person, who can not disclose the Confidential Information to the third party without prior written consent.
7.4. The Parties agree to disclose the Confidential Information to nobody but the authorized persons responsible for getting and considering such information as well as to ensure that all above mentioned persons have been informed of confidentiality of the Confidential Information.
7.5. The parties agree that none of them can use the Confidential Information for any other purposes, except as for achievement of the purpose of the present Agreement.
7.6. The Parties agree that any public reports and messages addressed to the third party concerning the contents and subject of transactions and agreements will be made in such way and volume that will prevent any damage to the Parties interests.
8. Final Provisions
8.1. The present Agreement together with the related documents contains full volume of agreements and replaces all previous arrangements, both verbal and written, existing between the Parties concerning a subject of the present Agreement.
8.2. If any term of the present Agreement becomes invalid, it should be replaced by other valid term which corresponds to desirable result and an economic target of the invalid term as much as possible. Invalidity of one term of the present Agreement does not affect the other terms of the Agreement.
8.3. The present Agreement is concluded in favor of contracting Parties and has a binding force for them and their assignees. The obligations accepted on the present Agreement cannot be transferred to the third parties.
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