Terms and Conditions

The following terms and conditions are the contract between you and BullionsOnline.co.uk, a trading name of Cyclo Limited, company number 13909879 (‘we’, ‘our’ or ‘us’).

Our registered business address is Guardian House, 11 Primrose Bank, Oldham, Greater Manchester, England, OL8 1HQ.

These terms apply to you, so far as the context allows, to you as a visitor to our Website or as a customer. They prevail over any terms proposed by you.

If you have any questions about our terms and conditions, please contact us.

1. Definitions

In this agreement:

‘Account’ means the records on our Website relating to you and your transactions with us.

‘Consumer’ has the same meaning as in the Regulations, or otherwise where the context applies, any individual located in the United Kingdom or in a European Union member state who, in connection with this agreement, is acting for a purpose which is outside their business.

‘Content’ means the content that is encountered as part of your experience or that you contribute to our Website when visiting it. Content may include, among other things: text, images, sounds, videos and animations.

‘Delivery Service Provider’ means any business contracted by us to carry Products from us and to deliver them to you.

‘Intellectual Property’ means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

‘Product’ means any of the Products we offer for sale on our Website, or, if the context requires, a Product we sell to you.

‘the Regulations’ means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

‘our Website’ means any website, webpage or service designed for electronic access that is owned or operated by us.

2. Interpretation

In this agreement unless the context otherwise requires:

A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
In this agreement references to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
The headings to the paragraphs to this agreement do not affect the interpretation.
A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

3. Our contract with you

Subject to these terms and conditions, we agree to provide to you with some or all of the Products described on our Website at the prices we charge from time to time.
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the agreement.
You acknowledge that we have not provided you with any financial, investment or tax advice.
The price of our Products are based on global metal market prices, which are outside our control, and change frequently. You acknowledge that any previous price we have offered, or the price of such Product on a global metal market is not a reliable indicator of future prices.
So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
In entering into this contract you have not relied on any representation, warranty, information or document or other term other than that given on our Website.
Where we provide a Product without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Product for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of that Product. However, you remain obligated under these terms in respect of that Product as far as they can be applied.
If in future you buy a Product from us under any arrangement that does not involve payment through our Website then these terms still apply so far as they can be applied.
If you use our Website in any way, including if you make an order on behalf of another person then you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
We may change these terms from time to time. The terms that apply to you are those published on our Website on the day the contract between us is made.

Terms of sale of Products

4. Your order

We do not guarantee that all the Products advertised on our Website are available.
If we do not have the Product you order in stock, we will offer you alternatives. If this happens you may accept the alternatives we offer or cancel all or part of your order.
While we aim to publish complete and accurate information on our website about our Products, the description of the Products your order may sometimes be incomplete or inaccurate. We may correct or change any information about Products at any time before we accept your order. If we need to do so, we will tell you so you can decide whether to withdraw your order or confirm it.
We do not sell our Products in all countries. We may refuse to deliver Products to you if you live in a country we do not serve.

5. Acceptance of your order

Your order is an offer to buy from us.
In making an order, you acknowledge that you understand the nature of the Product you order and you are satisfied that the Product you have selected is suitable and satisfactory for your requirements.
The contract between us for the sale of a Product comes into existence when we write to you to confirm that we agree to provide to you with the Product you requested. Your payment does not create a contract. If we decline to provide a Product we shall immediately return your money to you.
Our contract with you may be conditional on our ability to complete tasks in the future, such as verification of your identity. However, the price you pay will be that which you offer in your order.
Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
You agree that it is your responsibility to ensure that your order is complete and accurate, and accordingly that we are entitled to rely on it. While we may process the information we need, we do for our purposes only, and may not recognise errors or omissions made by you. You agree that correcting an error or omission by you may consistute a material breach of this contract.

6. Price

The price payable for a Product that you order is clearly set out on our Website.
Prices are exclusive of value added tax (‘VAT’). If applicable, at the checkout, we shall add VAT to the price of the Products you buy.
The market price of precious metals fluctuates constantly. Accordingly, the price of a Product may be changed by us at any time. We will never change a price so as to affect the price to which you agreed when you ordered when you pay for that Product.
If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.
The price of a Product does not include the delivery charge, which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our Website before we ask you to pay.
The price charged for any Product (including delivery) may differ from one country to another. You may not be entitled to a particular price unless you reside in the qualifying country.

7. Payment

If you order several Products at once, you must pay us the full price of the order before we send any individual Product.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than that on your invoice will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If we owe you money (for this or any other reason), we will return the amount owed to you as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

8. Security of your payment information

Payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your payment information in a secure environment.

9. Foreign taxes and duties

We have no knowledge of, and no responsibility for, the laws in your country if you are outside the United Kingdom.
You accept responsibility for compliance with the laws and importation procedures of your jurisdiction which might affect your right to import, export or use a Product, including for the payment of import duties and taxes of any kind, and you represent that you have or will comply with all such laws and procedures.

10. Delivery options

At checkout we give you a choice of options for the expected date and method of delivery of your Products with the price of each based on your delivery address and the Product itself.
The delivery address you provide at checkout must match the cardholder’s address that has been used to make payment. Products cannot be delivered to any address other than the one to which the card that made payment is registered.
We aim to deliver your Products by the expected date, but because we rely on our partner Delivery Service Providers, we cannot guarantee that your Products will arrive by the expected date.
If your delivery address is in the United Kingdom and you choose express delivery at additional cost to you, then should the order not arrive by the expected time and date, we will refund you for the delivery costs.

11. Dispatch and delivery

We will send you a message to tell you when your order has been dispatched.
Deliveries will be made by one of our Delivery Service Providers to the person at the address given in your order. Our Delivery Service Provider may refuse to deliver your Products to anyone who is not named in your order.
Products are sent at our risk until delivered to you at the address you have given to us.
If you have ordered more than one Product then we may deliver some of those products separately to others. We do this so that you receive your Products as quickly as possible.
The Delivery Service Provider will contact you in advance by email or text message to give you an estimated arrival date and time. You may be able to track your order.
Some products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the products may be retained by the Delivery Service Provider, who will attempt to redeliver them at a time convenient to you.
If we are unable to deliver your products within five days of the date of your order, then we will contact you to arrange another date for delivery or allow you to cancel the order.
If you haven’t received some products from your order, please wait until the delivery due time and date has passed before contacting us, as the missing items may be delivered separately later.
When your order arrives, it is important that you check immediately the condition and quantity of the products.
You should not accept or sign for any delivery where the package has been damaged, resealed or tampered with. Instead, you should instruct the courier to return the package to us. We cannot accept any liability for loss once a package has been accepted by any person at the delivery address.
Once signed for, or confirmed by our Delivery Service Provider as having been delivered, we do not accept any liability for any package that has been delivered to a residential address inhabited by people who are not in the same family unit (such as a flat-sharing situation, or a house in multiple occupancy), to your work address or another business address, to a Post Office Box (known as a ‘PO Box’) or other mail receipt box, or to an address where a postal redirection is in place.
Signing ‘Unchecked’, ‘Not checked’ or similar is not acceptable.

12. Cancellations

Under the Financial Services (Distance Marketing) Regulations 2004, you have no statutory right to return a Product or cancel an order once placed. The prices of our Products are dependent on fluctuations in financial markets.
However, you can terminate your order at any time prior to delivery. This will incur additional charges including but not limited to, a termination fee and a fee based on any adverse movement in the underlying commodity price of your Products.

13. Termination of your order

At any time prior to delivery, you may instruct us not to continue processing your order, but rather take back your Products. Termination of your order will incur costs to you.
On termination of an order by you or by us:
- You will be liable to us for any adverse movement (to us) of the value of the Product or Products you ordered.
- You remain liable for the incurred costs of delivery and return.
- All sums payable to us in respect of the period up to and including the date of termination will become payable immediately.
- Our obligations under the contract will no longer apply.
If you terminate your order, you agree that costs and fee will be incurred by you, as set out from time to time on our Website.
For clarity, termination of an order is not breach of contract.

14. Termination of your contract

You may not terminate this contract or any part of it except by giving us written notice after a material breach by us has occurred.
If it is reasonable for us to ask, and we do so, you must provide us with evidence of any breach by us.
Before we terminate this contract, we will always consider whether the default or problem could be remedied. If we believe that it can be remedied, we attempt to contact you to do so. However, if it is not remedied within a reasonable time, we reserve the right to terminate this contract.
If we terminate this contract, we may also terminate any order of yours.

15. Additional rights

We have the following rights if there is, or we reasonably suspect that there is or shortly will be a default or material breach of this contract by you, or that you may be insolvent.
We may choose to exercise these rights in addition to any right of termination we may have, or as an alternative. We will tell you that we are exercising our rights, and we may do this by email, phone or by formal written notice.
We may:
- suspend processing of all or any part of your orders, or offers;
- refuse to receive orders or offers or payments from you;
- cancel your Account; and
- block your access to our Website.
We may hold any item that belongs to you or that you order, if you owe us any payment or other sum. We shall not be obliged to deliver it to you or allow you to collect it until you have repaid the amount owed to us in full.
We may at any time set off any sum of money you owe to us against any sum of money that we owe to you, whether or not either liability arises under the contract. If we exercise this right validly, it will constitute a default or problem and you will have to pay fees set out on our Website. We may only exercise this right if we have asked you in writing for payment at least 5 working days previously and we have not received it. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law.
If we are entitled to exercise our right of set off, and we owe you no money or less than the amount you owe to us, we may exercise our right of set off against any Product you have bought from us or that we hold for you. Since we are unable to cut Products, if fractions are outstanding to you after we have exercised this right we will pay you the value of the fractions outstanding. We will exercise this right based on the value of your Products which we exercise the right against, as at the time when we exercise this right. If we exercise this right validly, it will constitute a default or problem and you will have to pay fees set out on our Website. Any exercise of our right of set off will not limit or affect any other rights or remedies we have under the contract or at law.

16. Guarantee and compensation schemes

No guarantee funds or other compensation arrangements apply in relation to any of our Products or to any payment or transaction.

17. Data protection

When you order from us, we use your personal data on the basis that there is, or that there will be, a contract between us. We use your personal information as a data controller.

Terms of use of our Website

18. Your Account

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with Products.
If there is any difference between the information we hold for you from an earlier or completed order and the details you supply for a new order, we may require you to provide full identification documents again.
If we reasonably request it, you must provide additional information. Failure to provide such information will constitute a material breach by you. It will always be reasonable for us to ask for information relating to your order or your identity.
You must provide additional information if we ask for it and our request is reasonable. If you fail to provide such information when asked it
If you use our Website, you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

19. Intellectual Property

We will defend our rights in all our Intellectual Property, including the rights in our Products and services, and our copyright in the Content of our Website whether provided by us or by any other party.
You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
You agree that at all times that you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;
- notify us of any suspected infringement of our Intellectual Property; and
- without our express permission, not to:
  - copy or replicate it for use by any other person in any way not intended by us;
  - make any change to it or any part of it;
  - publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
  - create derivative works from it;
  - use it in any way in which it is not intended to be used; and
  - not to use it except directly in our interest.

20. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default of yours or by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of any Product; and
- a breach of the intellectual property rights of any person.
You agree to indemnify us on request against all or any direct or indirect taxes, duties, levies or similar payable by you in any jurisdiction in relation to any contract, including for supply of Products or services. You understand that this means that if we are asked to make any such payment for you, you must reimburse us.
You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.

21. Disclaimers and limitation of liability

This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any Product we sell or make available to you. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We use our reasonable endeavours to confirm the accuracy of any information we place on this website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
We are not authorised by the Financial Conduct Authority. As such, we do not offer investment advice. We cannot give you comparisons between investing in precious metals and other types of regulated investments. We cannot advise on potential tax implications of entering into a contract with us. If you need investment or tax advice in relation to Products or metal, you must rely on your own financial, tax and accounting advisers.
We aim to publish complete and accurate information on our website about the goods, our services. The information on our website and in your order or offer may sometimes not be complete or accurate. We may correct or change any information for goods requested in your order at any time before we accept your order or offer. If we need to make corrections or changes we will tell you so you can decide whether to withdraw your order or offer, or confirm it.
Our website may include content posted by third parties, including advertisements. We are not responsible for any such content. If you come across any content that offends you, please tell us.
This website may contain links to other websites over which we have no control of the nature, the content and the availability.
You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
This website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
We aim to maintain access to our website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that access to our website may also be interrupted for many reasons beyond our control.
Accordingly, we make no warranty that this website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
Nor do we make any warranty that we will correct defects and errors, nor that the website or the server on which it is hosted are free of viruses or bugs.
We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our website.
We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.

This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

22. Miscellaneous matters

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control.
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
Any term implied into contracts by the Sale of Goods Act 1979 or by the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.