Single Mine Origin Limited Terms & Conditions

Please read the following terms & conditions (“Terms”) carefully. Using this website indicates that you have accepted these Terms, which govern the legal relationship between you and singlemineorigin.com and you are permitted to use this website solely on the basis of these terms. We may change these Terms at our sole discretion at any time. Please check periodically for any changes. www.singlemineorigin.com is owned by Single Mine Origin Limited and operated by Stephen Betts & Sons Limited for the fulfilment of orders. Use of this website therefore represents an agreement between you and Single Mine Origin Limited and Stephen Betts & Sons Limited.

These Terms do not affect your statutory rights.

Definitions

1.1 “Order” means a purchase order issued by you to Us (either online, by telephone or in writing) for Products in accordance with these Terms
1.2 “Products” means the goods supplied on this website in accordance with these Terms
1.3 “Buyer” means the party contracting with Us to buy Products in accordance with these Terms
1.4 “You” means any person using this website including a Buyer
1.5 “We” or “Us” means Single Mine Origin Limited
1.6 “Spot Price” means the current market price of precious metals as shown on this website, which is automatically updated at regular intervals

Use of www.singlemineorigin.com

2.1 We may change anything on this website at any time at our sole discretion
2.2 We have no responsibility for any other website other than our own
2.3 We retain all rights to this website, its design, content and all images
2.4 We maintain copyright and other rights to the design, style, content, appearance and images on this site
2.5 You may view and use this website only as a Buyer or potential Buyer
2.6 Any content viewed or downloaded from this site is for your personal use only and any content on this site may only be viewed, downloaded or printed as a Buyer or potential Buyer from Us
2.7 You may not modify, publish, reproduce, distribute or broadcast any of the material found on this website in any format
2.8 We may discontinue the website or any Product offered on the website at any time and at our sole discretion
2.9 We may restrict your access to the website or parts of the website at any time without notice or liability

Your Account

3.1 You must keep your login and password information secure and use this to access your account details
3.2 You must notify Us immediately if You believe your account information has been compromised without your authority
3.3 You are responsible for all activity on your account
3.4 You are responsible for ensuring that the details for your account are accurate and complete
3.5 You must notify Us promptly of any changes in details relating to your account
3.6 You are able to amend your personal details when You log into your account
3.7 In order to purchase products from Single Mine Origin Limited and/or access the ‘my account’ section of the website, You must:
3.7.1 Be a resident of the United Kingdom or Channel Islands
3.7.2 Be 18 years of age
3.7.3 Provide your personal details when registering, including your email address, postal address and telephone number
3.8 The postal address provided must be the same as that of any credit or debit card used to purchase Products on the Single Mine Origin website

Pricing, Order Placement & Payment

4.1 The pricing of Products on the Single Mine Origin website is based on a ‘live’ pricing feed. The Spot Price generated by this feed is then uplifted by the margin relevant to the Product being purchased (which is shown on the Product page). We do not accept any liability for the accuracy of these prices or availability of pricing for any Product.
4.2 The price You must pay for your Products is the price shown in your basket when You confirm your Order, unless there has been an error in the price. If there has been a pricing error, You will be contacted at the earliest possible opportunity and given the opportunity to re-confirm your Order at the correct price. If You cannot be contacted, your Order will be cancelled.
4.3 When You place an order with Us, you are offering to buy the Products You Order. This does not reflect a commitment for Us to accept the Order. Precious metals markets are occasionally subject to sudden dramatic fluctuations which may affect the value of your Order and in extreme circumstances may affect the provision of Products. In such circumstances, We reserve the right to cancel your order. We warrant that will endeavour to complete your order and provide your Products within a reasonable timeframe, but do not make any other warranties about the provision of Products.
4.4 When You check out online, You will receive an email to confirm that We have received your Order. This does not mean your Order has been accepted and there is no legally binding contract at this stage.
4.5 By placing your order, You confirm that the details contained in the Order are correct are all correct in accordance with the confirmation screen
4.6 When You order online, an email confirmation will automatically be sent to the email address which You have provided. It is your duty to ensure that the email address provided is correct. If You have not received email confirmation of an Order within one hour of placing your Order, We recommend that You contact customer services.
4.7 Once We have received cleared funds for the full value of your Order, and prepared your Products for dispatch, We will email You with confirmation that your order has been accepted, at which point there is a binding contract.
4.8 All Orders are subject to verification, receipt of payment in full and stock availability
4.9 We may pass your details onto third parties for address, identity and credit checks in order to protect You and Us from credit fraud.
4.10 Should We be unable to fulfil an Order due to a lack of availability of the Product ordered, You will be contacted by customer services and given the option to accept a substitute Product, wait until the Product You have ordered becomes available or cancel your Order. If We are unable to contact You, your Order will be cancelled
4.11 Orders may be placed on the website or by telephone
4.12 We may not accept your Order, at our sole discretion, if We do not receive payment in full within three days of the Order having been placed. In these circumstances we will retain your deposit and may take further action to recover our costs.
4.13 We are not able to accept payments by credit card. Payments made by debit card will be accepted through the secure payment gateway on the website according to the following provisions:
4.13.1 Payments up to the value of £2,500 will be accepted by debit card
4.13.2 Debit card payments can only be accepted if the card is registered to a UK address. This must be the same address to which the Products are dispatched. If you do not possess a debit card registered to a UK address then you will need to place your order over the telephone
4.13.3 For Orders in excess of £2,500, a non-refundable deposit of £500 to secure the price of the products is required. This non-refundable deposit can be made online with a debit card. Once the Order is placed, You will receive an email with details of our bank account and a link in order to upload your proofs of ID to our Dropbox account. The balance of payment should be made by bank transfer immediately. Products will not be dispatched until all payments have been received, and your Order may be cancelled if full payment is not received within 24 hours of the Order having been placed. Where payment for an order is not received within 24 hours, We reserve the right to renegotiate the price of the Products and the deposit will not be refunded.
4.14 Payment may be made by deposit or bank transfer. If You wish to make pay by this method and do not wish to leave a deposit online to secure the price of your Products, You should place your Order by telephone. For Orders paid by this method, Products are generally priced on the following precious metal fix price rather than the spot price. A member of Our customer services team will be happy to explain.
4.15 Should a single transaction have a value greater than £2,500 of multiple transactions within a year have a value over £8,000 We are required by HMRC to keep identification on file. This information will be stored securely on Dropbox, will not be printed and will not be disclosed to any third party unless We are compelled to do so by the authorities. If identification is required in order to process your order, you will be notified with a link in your confirmation email. In the case of customers who exceed the threshold by placing multiple smaller orders, a member of our customer services team will contact You and request two forms of identification. We will request on piece of photographic ID (such as a passport, driving license or firearms certificate) and one pieced of ID showing your current address (such as a recent utility bill or bank statement). If You send Us the original documents, We will return them by recorded delivery the following day. If You prefer to send copies, these should be certified by an authority figure (such as a lawyer, accountant, doctor or business director). Where we receive physical documents or copies, they will be stored securely within our vault and will not be utilised for any other purpose than ongoing compliance with prevailing anti-money-laundering legislation.

Delivery

5.1 Delivery must be made to the card holder address for Products paid for by credit or debit card
5.2 No deliveries will be made to PO boxes
5.3 The delivery fee for fully insured delivery of your Products will be shown clearly at the point of checkout.
5.4 Delivery times stated are estimates only
5.5 If We are prevented from delivering your Products within 28 days of accepting your Order, We will give You the option to accept substitute Products, wait for completion of the delivery or cancel your order. If You cancel your Products, We will refund the relevant part of your payment and the cancellation will be on the basis that you have no claim against Us under that contract. If You accept delivery of Products after the estimated delivery time, it will be on the basis that You have no claim against us for delay (including loss of profits, change in the price of the Products, other financial loss, indirect or consequential losses)
5.6 We may deliver Products in instalments at our discretion; each instalment will be treated as a separate contract. This will not affect the fee charged for delivery, which will remain as shown at the point of checkout
5.7 Products are at risk from the point of delivery. You must inspect the Products upon delivery to ensure that they are present and as ordered. All Orders are checked before dispatch and once delivered and signed for, We accept no further liability.
5.8 Where Products are delivered by Royal Mail, they will be delivered to the address supplied and a signatory at that address whose name is not printed on the parcel may be accepted. Delivery will be deemed completed once Royal Mail collects a signature at the delivery address and it is your responsibility to ensure that the parcel is signed for by an authorized person. We advise that You be present at the registered address to receive your parcel.
5.9 Ownership of the Products purchased on the website will pass to You upon delivery, provided that We have received payment in full for the Products.
5.10 We will not be held responsible for any redirected items.
5.11 We will not be held responsible for any delays caused by third parties or factors beyond our direct control
5.12 If You wish to collect your Products from our trade counter in Birmingham’s Jewellery Quarter, You will be required to produce two forms of identity (as specified in 4.15) and sign for your Products. We will retain copies of your documents, but will not disclose them to any third party unless required to do so by the authorities.

Cancellation

6.1 All the Products supplied by Single Mine Origin are subject to fluctuations in the financial markets, which cannot be controlled by Us. Consequently the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to transactions on this website
6.2 Notwithstanding clause 6.1, We will, at our sole discretion, consider all requests for cancellation up to the point of dispatch. Accepted cancellations will incur a fee to cover any negative price movements since the point of order as well as a 2.5% administration fee (not including any surcharge made in respect of Credit Card payment as per 4.13.2, which is strictly non-refundable)
6.3 Any cancellation request must be submitted in writing to our customer services department
6.4 Cancellation requests made after the point of dispatch will not be accepted

Warranties & Liabilities

7.1 We warrant that the Products comply in material respects with their description on our website and are free from material defect at the time of delivery. We do not make any other warranties about the Products.
7.2 If You believe We have delivered Products which are defective in material or workmanship, following our investigations, and You have complied with our Terms, We will (at our option) replace the Products or refund the price
7.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence or fraudulent misrepresentation
7.4 In the absence of negligence, your use of the Products is entirely at your own risk
7.5 You will be responsible for all liabilities, claims and expenses that arise out of the content You submit, post or transmit via the website or the misuse by any person for whom You are responsible or from your violation of the terms
7.6 We cannot assume any liability from;
7.6.1 Any viruses or other disabling features that affect your access to the website
7.6.2 Any incompatibility between the website and any other hardware, software or websites
7.6.3 Any discontinuance,  or change to the website
7.7 If either You or We are in breach of these terms, neither of shall be liable for any losses that the other suffers as a result, except those which are a foreseeable consequence of the breach. Any losses which could have reasonably been contemplated by both parties at the time You place the order shall be regarded as foreseeable.
7.8 Single Mine Origin’s total liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of an order shall be limited to the Order price and We shall not be liable to the Buyer for loss of profit, loss of business, depletion of goodwill, or any consequential claims whether direct or indirect which arise out of or in connection with the Order.

Intellectual Property

8.1 No licence to use any trade mark of Single Mine Origin Limited, Stephen Betts & Sons or any affiliated companies is granted to You in these Terms
8.2 The content of this website is protected by intellectual property law. You may retrieve and display the content of the website on a computer screen, store such content in electronic form or print a copy of the content for your own personal, non-commercial use provided that any proprietary or copyright notices remain intact. You may not otherwise copy, alter, reproduce, distribute or use for commercial purposes any images, materials or content from the website without the express written permission of Single Mine Origin.

Miscellaneous

9.1 These Terms are governed by English law & shall be subject to the exclusive jurisdiction of English courts
9.2 If any clause or provision in these Terms is found to be wholly or partially invalid or unenforceable, this shall not affect the validity of the remainder of it
9.3 We will not be held liable for any failure to deliver Products or perform any other obligation laid out in these Terms if the same is caused directly or indirectly by circumstances outside our control
9.4 We are not liable for any loss or damage (including any indirect or consequential loss, financial loss, loss of profits or loss of use) associated with the provision of the Products on this site, even if We are negligent9.5    A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 199 to enforce any term of these Terms. This clause does not affect any right or remedy of any person which exists or is available otherwise.
9.6 We do not provide advice or make any forecasts regarding future precious metal price movements. We do not operate in any financial advisory capacity and are not regulated by the FSA. On the Research page of the site, You will find links to relevant news streams and brokers research, which may help You to reach an investment decision, but any views expressed by third parties and published on this site are not endorsed by Single Mine Origin Limited. We accept no liability for any adverse consequence of your reliance on any views or statements contained within this website.
9.7 The value of precious metals fluctuates constantly. Consequently the value of any Products purchased on this website can go down as well as up and purchasing these Products constitutes a significant risk. We accept no liability for any losses incurred and recommend seeking advice from an independent financial advisor before purchasing.