WELCOME TO THE INTERNATIONAL BULLION & METAL BROKERS (LONDON) LIMITED WEBSITE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AND ALL SALES AT WWW.IBBLONDON.COM. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.ibblondon.com website is operated by:
International Bullion & Metal Brokers (London) Limited (“IBB”), a company registered in England and Wales, whose registered office is at Kovacs House, Hatton Garden, London EC1N 8JD.
Our company registration number is 1179277.
Our VAT number is GB 241 1321 22.
Our contact details are as follows:
Trading address:Kovacs House, Hatton Garden, London EC1N 8JD
General email:nat@ibblondon.com
Telephone number: 020 70252500
Fax number: 020 78313005
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 IBB may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 You are deemed to place an order with IBB by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement detailing the goods you have ordered. Our company’s terms and conditions of sale which govern the contract of sale and purchase for each order placed by customers hereunder are set out herein and by placing an order with us you acknowledge your acceptance of such terms and conditions of sale. Any variation from these terms and conditions is only effective if it is agreed by a director on behalf of IBB.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
(a)where goods are not available;
(b)where we cannot obtain authorisation for your payment;
(c)if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria, for instance if your account with IBB is in arrears beyond agreed credit terms.
3.1 Our prices exclude VAT and we may charge separately for packing, carriage and insurance and other relevant charges, where appropriate. Prices are subject to change at the discretion of IBB from time to time. Payment terms are generally 30 days from invoice, but other terms may apply in the case of new customers or where they have been specifically agreed with IBB. In the event of any delay in payment from agreed terms, IBB reserves the right to charge the customer interest calculated on a daily basis at the rate of 3% above the base lending rate of National Westminster Bank plc from time to time for the period that payment is overdue.
3.2 Until the customer has both:
(a)paid in full for goods ordered hereunder; and
(b)paid in full all other monies it owes to IBB howsoever such debts have accrued,
those goods shall remain the sole and absolute property of IBB as legal and equitable owner.
3.3 In the event of delivery of goods prior to the passing of title in them, the customer shall be in possession of them solely as bailee and fiduciary agent of IBB until such time as the customer has paid for them in full. The customer shall insure to their full value goods wherein the risk but not the title has passed to it and shall indemnify IBB for loss, damage to or destruction of such goods and shall hold any insurance monies payable in respect of such goods in trust for IBB.
3.4 Until title to goods has been passed to the customer:-
(a)they shall store and label them so that they remain separate from other goods in the customer’s possession and are readily identifiable as the property of IBB;
(b)the customer shall at the request of IBB deliver them up to IBB and allow IBB to recover them on request and for such purpose IBB may at anytime (through its representatives or agents) enter premises at which they are situated;
(c)the customer may as fiduciary agent of IBB dispose of them in the course of its business and pass good title to them to its own customer (being a bonafide purchaser for value without notice of IBB rights) provided that such disposal shall be by the customer as principal in relation to its own customer and shall not commit IBB to any contractual relationship with or liability to any such customer;
(d)the permission contained in paragraph(c) may be revoked at any time by notice by IBB and shall automatically and without notice be revoked uponthe commencement of liquidation proceedings (compulsory or voluntary) of the customer or the appointment of a receiver, administrator, administrative receiver or judicial administrator over any part of the customer’s assets;
(e)in the case of all disposals of goods under paragraph 3.4, IBB shall be legally and beneficially entitled to the proceeds of the disposal and the customershall not use the same in the course of its business and shall account to IBB forthwith for the proceeds of the disposal notwithstanding that the period of credit allowed to the customer hereunder may not have expired, keeping the same, until paid over to IBB, identified as IBB’s monies and separately from its own monies and those of third parties, in a separate bank account.3.5Risk in all goods purchased shall pass on delivery.
4.1 If you wish to cancel your order:
(a)you can notify us by email to nat@ibblondon.com before we have dispatched the goods to you; or
(b)where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You are required to inspect goods purchased as soon as practicable after delivery and report any shortages, breakages or defects in goods in writing to IBB within 7 working days of delivery and can return such goods at any time within 14 days of receipt for a full refund or exchange. Returns in all other cases will be at the discretion of IBB. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of returned goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The right to return goods as referred to in this clause 4 will not apply in the following circumstances: -
(a)in the event that the product has been used;
(b)to any products that we have made or customised specifically for you.
the provisions of this clause 4.4 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
(a)no documents or related graphics on this Website are modified in any way;
(b)no graphics on this Website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 Other than personally identifiable information, which is covered under the Privacy Policy of the Website, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a)that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b)for which you have not obtained all necessary licences and/or approvals;
(c)which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or;
(d)which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. You may not create any links to this Website. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this clause 8.
9.1 To register with www.ibblondon.com you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 IBB, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of IBB’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the purchase of goods hereunder, the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights underthese terms and conditions.
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
13.4 For any goods fabricated from rough diamonds mined from January 1, 2003 onward, IBB warrants that the diamonds have been purchased from legitimate sources not involved in funding conflict and are in compliance with United Nations Resolutions. IBB hereby guarantees that the diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds. For any goods fabricated from rough diamonds mined prior to January 1, 2003, IBB warrants that conflict diamonds will not be knowingly sold and that to the best of its ability, will undertake reasonable measures to help prevent the sales of conflict diamonds in this country.