Terms and conditions
GENERAL TERMS AND CONDITIONS MISTERGOLD B.V.
Registered office: Roosendaal
Dutch Chamber of Commerce number: 97801313
Article 1 – Definitions
MisterGold B.V.: established in Roosendaal and registered with the Dutch Chamber of Commerce under number 97801313.
Customer: any natural person or legal entity that purchases products or services from MisterGold.
Consumer: a customer who acts for private purposes.
Products: gold bars, silver bars, gold coins, silver coins, and other precious metals.
Agreement: any agreement between MisterGold and the customer.
Article 2 – Applicability
2.1 These terms and conditions apply to all offers, orders, agreements, and deliveries by MisterGold.
2.2 Deviations are only valid if confirmed in writing by MisterGold.
2.3 The customer’s general terms and conditions are expressly excluded.
Article 3 – Offers and Prices
3.1 All prices are based on the current international precious metals market.
3.2 Prices may change continuously as a result of exchange rate and market price fluctuations.
3.3 An agreement is concluded once MisterGold has confirmed the order.
3.4 Obvious pricing errors, technical failures, system errors, or incorrect market price displays are not binding.
3.5 MisterGold reserves the right to cancel an order if there is an obvious pricing error.
Article 4 – Formation of the Agreement
4.1 The agreement is formed after MisterGold has confirmed the order.
4.2 From the moment of confirmation, the price is fixed.
4.3 Subsequent market price changes do not entitle the customer to termination or price adjustment.
Article 5 – Right of Withdrawal
5.1 No right of withdrawal applies to investment gold, silver, and other precious metals.
5.2 Pursuant to Article 6:230p(a) of the Dutch Civil Code, products whose price depends on fluctuations in the financial market are excluded from the right of withdrawal.
5.3 Orders for precious metals therefore cannot be cancelled or returned.
Article 6 – Cancellation and Compensation
6.1 Every order is final after confirmation.
6.2 If the customer fails to fulfil the agreement, MisterGold is entitled to compensation for the damage suffered.
6.3 Damage includes, among other things:
- market price loss;
- administrative costs;
- purchase costs;
- transport costs;
- storage costs.
6.4 MisterGold is entitled to charge a minimum of €250 in administrative costs.
Article 7 – Payment
7.1 Delivery will only take place after full payment has been received.
7.2 MisterGold may require additional identification.
7.3 Orders may be refused if payments or verification procedures are not successfully completed.
Article 8 – Delivery
8.1 Delivery takes place at the address provided by the customer.
8.2 Delivery times are indicative.
8.3 Delays caused by suppliers, carriers, banks, or government authorities do not entitle the customer to compensation.
8.4 MisterGold may deliver an equivalent product from another recognised LBMA producer.
Article 9 – Retention of Title
9.1 Products remain the property of MisterGold until full payment has been received.
Article 10 – Authenticity
10.1 MisterGold only supplies products originating from recognised producers.
10.2 Serial numbers, certificates, and packaging form part of the product.
10.3 Damage to certificates or packaging may affect the buy-back value.
Article 11 – Buy-Back Guarantee
11.1 MisterGold may buy back products at the current market price.
11.2 The buy-back price is determined based on the current spot price minus applicable margins and costs.
11.3 MisterGold reserves the right to refuse a buy-back request.
Article 12 – Wwft and Compliance
12.1 MisterGold complies with the Wwft, the Dutch Money Laundering and Terrorist Financing Prevention Act.
12.2 Customers may be required to identify themselves.
12.3 MisterGold may refuse, block, or report transactions if required by law.
Article 13 – Liability
13.1 MisterGold is only liable for direct damage caused by intent or gross negligence.
13.2 Liability is limited to the invoice amount.
13.3 MisterGold is not liable for market price losses or indirect damage.
Article 14 – Force Majeure
14.1 Force majeure includes, among other things:
- war;
- sanctions;
- cyberattacks;
- failure of banks;
- shortage of precious metals;
- disruptions at suppliers;
- extreme market volatility.
14.2 During force majeure, obligations may be suspended.
Article 15 – Privacy
15.1 Personal data is processed in accordance with the GDPR.
Article 16 – Applicable Law
16.1 All agreements are governed by Dutch law.
16.2 Disputes will be submitted to the competent court in Zeeland-West-Brabant, the Netherlands.
Article 17 – Amendments
17.1 MisterGold reserves the right to amend these terms and conditions.