Terms & Conditions
Please read Our Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.rpsgold.co.uk (“Our Site”). By ordering Goods from Our Site you are accepting our Terms and Conditions. These Terms and Conditions, as well as any and all Contracts are in the English language only. If you do not agree to these Terms and Conditions, then please do not use Our Website. These Terms and Conditions may be amended and/or revised at any time at Our sole discretion. Please check periodically for changes.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Buyer” – means the party contracting with the Company to buy the Goods under these Terms and Conditions.
- “Company/We/Us/Our” – means RPS Gold as owned and operated by Ram Parkash Sunderdass & Sons Ltd with the registered office at 108 The Broadway, Southall, Middlesex, UB1 1QF
- “Contract” – means a contract for the purchase and sale of Goods, as explained in Clause 9.
- “Details” – means any sensitive and/or personal data obtained by the Company in the course of the Transaction.
- “Goods” – means the goods sold by Us through Our Site under these Terms and Conditions.
- “Order” – means your order for Goods through Our Site under these Terms and Conditions.
- “Order Confirmation” – means our acceptance and confirmation of your Order.
- “Order Number” – means the reference number for your Order.
- “You/Your” – means a person using the Website including the Buyer.
2. Us – Who we are
2.1. RPS Gold is a part of RAM PARKASH SUNDERDASS & SONS LTD, is a limited company registered in England under number 06743652 whose registered address is 108 The Broadway, Southall, Middlesex, UB1 1QF which is our main trading address.
2.2 Our VAT number is 225 1336 96
2.3. We are a member of The NAG (The National Association of Goldsmith).
3. Access to and Use of Our Site
3.1. Access to Our Site is free of charge
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period
3.4. Use of Our Site is subject to these Terms and Conditions. Please ensure that you have read them carefully and that you understand them.
4. Age Restrictions
4.1. Consumers may only purchase Goods through Our Site if they are at least 18 years of age and over.
5. Business Customers
5.1. These Terms and Conditions do not apply to customers purchasing Goods in the course of business. If you are a business customer, please contact us with your enquiry at: [email protected]
6. International Customers
6.1. Please note that We only deliver within the United Kingdom.
7. Goods and Availability
7.1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
7.1.1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary;
7.1.3. There may be discrepancies to descriptions that may arise due to typo errors or printing process.
7.2. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
7.3. Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods.
7.4. Where appropriate, you may be required to select the required number of the Goods that you are purchasing.
7.5. We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.
7.6. Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.
8. Pricing and Payment
8.1. The prices of the Goods are displayed on the Website in the relevant sections. The ‘live’ pricing is provided by a third-party feed and the Company does not accept any responsibility for unavailability or accuracy of the prices.
8.2. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at any given time. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
8.3. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you.
8.4. Should there be an error, that includes but is not limited to obvious misprice, We will inform You as soon as possible and give You the option to either cancel the Order or amend it to reflect the correct prices. Please note that the Precious Metals market involves special risks which may affect the value of an Order placed, by virtue of fluctuations in financial markets. Please note that such changes are outside of the control of rpsgold.co.uk and, in extreme situations and without prior warning, may affect the provision of this Service. In such cases, We shall have the right to cancel your Order.
8.5. All prices on Our Site include VAT (if VAT applicable). If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
8.6. Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
8.7. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
8.8. We accept the following methods of payment on Our Site:
- debit card;
- credit card;
- bank transfers
8.9. We do not charge any additional fees for any of the payment methods listed in sub-Clause 8.8.
8.10. Online payment (e-payment) up to the sum of £5,000 may be made by ‘Debit’ card or a ‘consumer (personal) ‘Credit’ card via the secure online payment portal of the Website. For any payments above these values will need to be done via a bank transfer. We are currently unable to accept Payments made by Debit/Credit cards issued, and/or registered, to addresses outside the UK. We accept card payments by debit or consumer (personal) credit cards which will be processed free of charges but WE DO NOT ACCEPT PAYMENT BY COMMERCIAL OR BUSINESS CREDIT CARDS. Any orders processed by means of a commercial or business credit card will be subject to a fee of 2.5% of the transaction value to offset high processing charges for this type of credit card and/or may in addition be subject to cancellation. We reserve the right to delay dispatch and to retain ordered goods until such fees are settled in full. For transactions above £5,000, our usual Anti-Money Laundering and Know Your Client procedures apply; we require a valid photo ID and proof of address, dated within the last 3 months.
8.11. The Payment may be made by Bank Transfer to Our bank account within 4 hours of placement of the order. All Bank Transfer payments must include the Order ID generated by Our system at Checkout to enable Our system to match received payments with orders. Our Bank Details are supplied during the checkout process and also in the Order Confirmation email that Our system will send to You.
8.12. WE DO NOT ACCEPT CASH PAYMENTS due to the high charges from Our Bank to process such deposits and Our inability to match cash deposits to orders due to the absence of a reference number facility for cash deposits. PLEASE DO NOT DEPOSIT CASH PAYMENTS INTO OUR BANK ACCOUNT UNDER ANY CIRCUMSTANCES.
8.13. Cash deposits to Our Bank Account will not be refunded until the ownership and origin of the cash deposit can be proved to Us to Our absolute satisfaction. The level of such proof shall be at Our absolute discretion and will involve the provision to Us of such original documents and signed statements and/or declarations as We see fit. In addition, cash deposits to Our Bank Account may be notified to the National Crime Agency (NCA) prior to the processing of any refund. The combined result of such actions may delay repayment of such cash deposits by a period of up to 60 days.
8.14. Any repayment of cash deposits received to Our Bank Account will be adjusted to reflect the charges imposed on Us by Our Bank and will also be subject to a charge of £50 to compensate Us for the cost of utilising staff time and resources in settling the matter.
8.15. If the Transaction is for more than £30,000 (British Pounds or equivalent in another currency) worth of Good the Buyer is obliged to supply us with proof of ID in order to comply with our “Know Your Customer” protocols and HM Revenue and Customs legislation. We are required to retain on file a copy of the Buyer’s most recent passport and a copy of a recent utilities bill (dated within the last 3 months) showing the Buyer’s home address. Strictly in accordance with the Data Protection Act 1998 such Details will not be passed to any unauthorised third party.
9. Orders – How Contracts are formed
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9. Orders – How Contracts are formed
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9. Orders – How Contracts are formed
9.1. Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
9.2. If, during the Order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
9.3. No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
9.4. Order Confirmations shall contain the following information:
- Your Order Number;
- Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
- Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
- Estimated delivery date(s) [and time(s)];
9.5. We will also include a paper copy of the Order Confirmation with your Goods.
9.6. In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 45 days.
9.7. Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
10.1. Delivery is only within the United Kingdom.
10.2. We will endeavour to deliver all goods purchased through Our Site within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process. However, delivery dates quoted are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control (Clause 20). If we are unable to deliver your order within 30 days of the date of your order or on the advertised delivery date, we will notify you in writing of the delay.
10.3. We reserve the right to arrange for delivery of any Products ordered by you to be made directly from our third-party suppliers without our direct involvement in the delivery process. In these circumstances, the Terms and Conditions of this Contract will remain between you and us, and your rights under the Contract will not be affected.
10.4. You shall notify us within 3 days of the advised delivery date or the date of debit of your payment for the Products, whichever is the later, in the event of non-receipt by you of the Products.
10.5. If you fail to take or accept delivery of the Products then, except where such failure or delay is caused by an Event Outside Our Control or our failure to comply with our obligations under the Contract we shall, store the Products until delivery takes place, and charge you for all related costs and expenses (including insurance).
10.6. Notwithstanding clause 10.4, should you continue to fail to take delivery of the Products, we may at our sole discretion resell or otherwise dispose of part or all of the Products without prejudice to any other remedy available to us. In such event we shall be under no obligation to obtain the best available price for the Products and shall account to you for the sale proceeds less all outstanding charges, costs and expenses.
10.7. Multiple Occupancy Addresses. RPS Gold accepts no responsibility for the loss of goods delivered to multiple occupancy addresses such as flats and residential complex buildings where someone other than the stated addressee signs for and accepts receipt of goods. Customers must ensure that parcel delivery arrangements are in place to accept and receive goods at the nominated delivery address.
11. Risk and Title
11.1. Responsibility of and risk in the Products shall pass to you on delivery. Delivery is deemed to have taken place once you or a resident of the delivery address provided has taken receipt of the Products and has provided his/her signature to evidence receipt but, if it is not possible to obtain a signature, delivery shall be deemed to have taken place once confirmed as status delivered from our courier as evidenced by way of GPS, photographic or other suitable references.
11.2. Title to the Products passes to you when we have received payment in full (in cleared funds) for the Products and sufficient identification and information as stipulated by us from time to time to satisfy UK anti-money laundering regulations. In the case of Products which are purchased by you during a pre-selling period title to the Products shall not pass to you until Dispatch.
11.3. Title to Products sent in error remains with us and does not transfer to you on delivery. We will always check your order before despatch however if an error is obvious, unmistakable and could reasonably have been recognised by you as an error, we may request return of the Products. Where we do request return of the Products we will specify the method of return and reimburse you for the cost of the return, or alternatively arrange collection of the Products at our expense.
12. Limitation of Liability
12.1. Nothing in these Terms and Conditions excludes or limits in any way our liability to you for:
death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors (if applicable); fraud or fraudulent misrepresentation; or any other losses which cannot be excluded or limited by applicable law.
12.2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, sales, revenues, business, interruption to business, or for any loss of business opportunity.
21.3. Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss or corruption of data, information or software;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
12.4. Subject to clause 12.1, we shall not be liable to you for any losses arising under these Terms and Conditions to the extent that such loss arises out of or in connection with the natural and inherent ageing, tarnishing, discolouring and/or toning of the Products following delivery pursuant to clause 10.
12.5. Whilst the Website is professionally maintained the Company cannot assume any liability for Incompatibilities of the Website with other websites, services, software and/or hardware, Viruses, spywares or any other insecure and disabling features, beyond the Company’s control, that may affect Your access or use of the Website, Modification, temporary unavailability or discontinuance of the Website.
12.6. Except as expressly stated in these Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
12.7. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13.1. Under the Financial Services (Distance Marketing) Regulations 2004 and furthermore the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the consumer will not have the right to cancel in respect of certain distance contracts, unless the parties have agreed otherwise. This applies to the following types of contract, amongst others: for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier. As We supply goods which are priced according to fluctuations in the financial market and such fluctuations cannot be controlled by Us, the supplier, there is no option to cancel Your order to Us under the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
13.2. Notwithstanding the provisions of above, in the interest of providing excellent Customer Service We are prepared to allow Cancellation of orders in exceptional circumstances at Our absolute discretion. All requests for order cancellation will be considered on an individual basis and the Company’s decision as to whether or not to allow a requested cancellation will be final and binding. Due to the inherent fluid nature of the precious metals markets, all agreed Order Cancellations by the Buyer are subject to the following:
- Cancelled orders will be subject to a Market Loss Charge equivalent to any loss to Us resulting from movement in the spot price value of the Order between the Submission of the Order and the Cancellation of the Order;
- A termination and Administration fee will be incurred.
- Payment may also have to be paid for additional services such as delivery of goods to you.
- Any market gain on cancellations shall remain the property of rpsgold.co.uk.
- We will deduct the total sum payable to Us under from any part or full payments that You have made to Us in respect of subsequently cancelled orders. Any refunds of payments, following the deduction of payments due to Us, will be made to the source of the original payment.
- Request for Cancellation of an Order must be made strictly in writing by email. The Company does not accept requests for Cancellations of Orders over the phone or by any other means. Any Cancellation request e-mails must be successfully received by the Company before We despatch Your order. It is Your responsibility to ensure that You type in the correct e-mail address when sending such an e-mail ([email protected]). Under no circumstances can Cancellation of an Order be accepted once the Order has been despatched.
14. Selling Us Your Precious Metal
14.1. Postage of items to sell to RPS Gold denotes acceptance of these terms and conditions.
14.2. You must be the legal owner of the Metal which is to be valued, sold or attempted to be sold to Us. You must be acting on his or her own behalf and not as the agent or representative of another person, individual, company or organisation.
14.3. At the request of Us, you must provide recognised documentation that namely shows that the Metal you wish to sell is your own property.
14.4. The price which the We is offer is an ‘indicative’ valuation and is based on both the information which You have provided to Us as part of the quotation process and the current gold price.
14.5. We will endeavour to ensure that the Indicative Valuation is as close as possible to the sum the customer shall receive once the Metal is received and assayed (subject to these terms and conditions). Although, on occasion (for example, the item being of a lesser quality than expected or changes in the precious metal price) this may not always be the case.
14.6. If You choose to accept the Indicative Valuation which has been offered and choose to sell the Metal to Us, then You must post Your metal to Us on the same day. Itis your responsibility to ensure that Metal is sent to the correct address. Failure to do so may result in loss of the Metal and RPS Gold shall not be held responsible for this.
14.7. The Metal should be received by Us the next working day to fix the locked down price and it will be assayed immediately for purity and authenticity by trained precious metal experts to determine its value. However, in the event of circumstances beyond Our control, this valuation may take longer.
14.8. Once the price is fixed then The contract shall be formed between Us and You (Contract). This is a binding Contract and the Metal cannot be returned by request of the You, or the Contract revoked, at a later date.
14.9. Part of the assay process may involve damaging the Metal by way of applying force; scratches; acids and other substances which may damage the appearance and condition of the item. This process is required in order to test the purity of the metal and We cannot be held responsible for any damage which occurs as part of the normal assay process.
14.10. If Metal received in this process proves to be materially incorrect in comparison to the details provided by You (for example the weight of the Metal), We will contact You and discuss either an alternative valuation or return of the Metal back to You once you have paid for the return postage and our admin fees.
14.11. All Metal sent to Us must be dispatched via a recorded, trackable and insured delivery service (such as Royal Mail Special Delivery Guaranteed ® service) and is Your responsibility.
14.12. Title to the Metal shall remain with You until We have done a BACs transfer to your account.
14.13. We will make payment into your will account and will endeavour to transfer this money within three (3) working days after receiving and assaying the items, in the event of circumstances beyond Our control, this may take longer.
14.14. Whilst items are in transit to Us, is totally Your responsibility and for You to ensure that items are adequately insured against loss, damage or theft.
15. Investment and Tax Advice
15.1. All information contained on www.rpsgold.co.uk is for general information purposes only and does not constitute investment advice. We are not regulated nor authorised by the Financial Conduct Authority to give advice on Investments of precious metals. Bullion markets can be volatile and the value of Bullion may go down as well which make such investments a greater risk. You may wish to seek advice from your financial, legal, tax and/or accounting advisers before making such investments.
15.2. Any information provided on www.rpsgold.co.uk in relation to tax on Goods is provided for general information purpose only and should not be relied upon. You should obtain any specific advice from your tax advisers and /or accountant.
16. Intellectual Property
16.1. No licence to use any trade mark of the Company is granted to You under these Terms and Conditions.
16.2. The content of the Website is protected by intellectual property law. You may retrieve and display the content of the Website on a computer screen, store it in an electronic form on a hard drive or print a copy of the content for Your own private and non-commercial use under the condition that all and any copyright and proprietary notices are clearly visible.
16.3. You are strictly prohibited to copy, distribute, modify or reproduce any part of the Website save for the exception stated in paragraph 16.2.
17.1. You agree to indemnify, defend and hold the Company and the Company’s affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of Your use of the services, the violation of these Terms and Conditions by You, or the infringement by You of any intellectual property or other right of any other person or entity.
18.1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
18.2. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.3. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.4. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. at any time at Our sole discretion. Please check periodically for changes.
19. Complaints and Feedback
19.1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We, nevertheless want to hear from you if you have any cause for complaint.
19.2. If you wish to complain about any aspect of your dealings with Us, please contact Us by email [email protected]
20. Force Majeure (Events Outside of Our Control)
20.1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any causes that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war(declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
20.2. If any event described under this Clause 20 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 45 days of the date on which the Contract is cancelled;
- If an event outside of Our control occurs [and continues for more than 60 days and you wish to cancel the Contract as a result, must be done so in writing using the following details:
Email: [email protected];
Post: 108 The Broadway, Southall, Middlesex, UB1 1QF;
In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 60 days of the date on which the Contract is cancelled.
21. Law and Jurisdiction
21.1. These Terms and Conditions, the Contract and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.