Terms and Conditions
The terms and conditions contained in this document are those under which ATS Bullion Ltd supply any of the products advertised from time to time or listed at our website www.atsbullion.com and ordered by you. Please read the terms and conditions carefully as they will form the basis of our contract with you. You should retain a copy of these terms and conditions for future reference. We are committed to providing excellent service and high quality products.
1. Information about us
The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. Our website www.atsbullion.com is provided by ATS Bullion Limited whose registered office is at Reco House 928 High Road N.Finchley London N12 9RW (registered in England and Wales No. 04420349). Our email address is [email protected] and our VAT registration number is GB 795941274.
2.1 We reserve the right to refuse to supply any individual or company.
2.2 We reserve the right to refuse to purchase supply from any individual or company.
3. Your Status
3.1 By placing an order you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old.
4. Availability and delivery
4.1 All Products are subject to availability and may be withdrawn at any time.
4.2 During the ordering process you will be required to provide a delivery address at the time of ordering. When using a debit or credit card, the delivery address must match the cardholder's address which has been used to complete the order on our online payment portal. Due to regulations and procedures, there are no circumstances where goods can be delivered to any other address other than the registered address of the card.
4.3 Where delays occur in the delivery of your goods in relations to the postal system, ATS Bullion will not be held responsible.
4.4 Ownership of goods passes to the customer when: a) full payment of monies is received (section 6) b) a signature has been obtained at the address provided by the client during the order process.
5. Risk and title
5.1 The Products will be at your risk from the time of receipt by you. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of any and all Products ordered by you from us.
6. Price and payment
6.1 The price of any Products purchased via our website will be as quoted on our website from time to time, except in cases of obvious error (being a manifest or clerical error /typographical error).The price of any Products purchased via telephone or post will be as advertised from time to time (such prices correct at the time of printing), except in cases of obvious error (being a manifest or clerical error/typographical error). These prices will include delivery costs unless otherwise specified and will be set out on the invoice separately. Some products, where listed, may be subject to VAT at the prevailing rate. Delivery costs shall be as quoted on our website or advertisements (whichever is applicable) from time to time, except in cases of obvious error (being a manifest or clerical error/typographical error). Prices are liable to change at any time because of fluctuations in raw material price, changes to premiums and changes in delivery charges for example. No price variations will be applied retrospectively in respect of any orders for Products for which a firm price has already been agreed, unless in the case of obvious error (being a manifest or clerical error/typographical error).
6.2 You can pay for small amounts of Products ordered by telephone or post: a) by UK debit card b) Bank transfer c) or by Sterling cheque (payable to ATS Bullion Ltd). Cheques are cashed on receipt, but take seven working days to clear before we will send the goods. We will not charge your debit card until we have allocated stock to your order.
6.3 You can pay for small amounts on our website: a) by UK debit card or Credit Card b) Bank transfer. Once we have received your monies either through the SagePay payment portal or successfully transferred into our bank account, we will process your order. In the event of any problems with the payment process, we may well contact you on the details you have provided during the ordering process.
6.4 On occasion we may ask for Identification to verify your identity within the confines of our procedures and up to date Money Laundering Regulations.
6.5 Orders placed on our website under the bank transfer payment option, must have received cleared funds within 48 hours of placing your order. Orders will be cancelled in the event of lack of funds. We may notify you to make you aware of the impending cancellation. Failure to contact ATS Bullion in the event of a problem during payment will result in an order being cancelled.
7. Orders (Contract)
7.1 Orders can be placed through our website or by calling us on the number provided on the website.
7.2 After an order has been placed via the website, you will receive an automated email (ATS Bullion Ltd New Order) from us acknowledging that we have received your order ('Acknowledgement'). However this does not mean that your order has been accepted.
7.3 Your order constitutes an offer by you to us to buy a product. We will confirm acceptance of your order by sending you further correspondence that confirms that the Product has been or shall be shortly despatched (the 'Despatch Confirmation'). The contract between us ('Contract') will only be formed when we send you the Despatch Confirmation, not when we send you the Acknowledgment.
7.4 The Contract will only concern those products confirmed within the Despatch Confirmation. We will not be obliged to supply any other products, which may have been part of your order until despatch of such products has been confirmed in a separate Despatch confirmation.
8. Our refunds policy
8.1 We will only accept a product being returned to us because you claim that the Product is defective. We will examine the returned Product. If we agree that the Product is defective we will replace the item immediately. If this is not possible because we do not have an acceptable replacement in stock, we will give you a refund within a reasonable period of time. Products returned by you because of a defect will be refunded in full including all delivery charges. Whilst we will usually refund any money received from you using the same method originally used by you to pay for your purchase, we reserve the right to refund you by any other reasonable means. Should you have any queries in relation to the return of any Products please contact us by email on [email protected] or by telephone on 0207 240 4040. Whilst our Products are in your possession you are expected to take all reasonable care and to return them to us fully insured.
9. Our liability
9.1 We warrant to you that any Product purchased from us is of satisfactory quality and fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the purchase price of the Product you purchased and we will not be responsible for indirect loss or consequential loss however arising and whether caused by negligence, breach of contract or otherwise. We are not responsible for death or personal injury caused by our negligence; For fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.1 We keep the details you provide confidential and will use them to administer your order which may also include checking your details with any credit reference agency and to other persons for credit vetting, fraud prevention or debt collection purposes. From time to time we may keep you informed of information about other products and services that may be of interest to you. We will not disclose any personally identifiable data about you which we collect unless requested to do so by the Police or a relevant Government body.
11.1 You may not assign the Contract or any part of it without our prior written consent. We will have no liability to you under these terms if we are prevented from, or delayed in, performing our obligations under these terms by anything outside our reasonable control including, but not limited to, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks or the acts, decrees, legislation, regulations or restrictions of any government. Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of our rights under the Contract. If any provision of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. These terms and conditions represent the entire agreement between you and us in relation to the subject matter of any Contract. A person who is not a party to this Contract shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999. We have the right to revise and amend these terms and conditions from time to time by posting revised terms and conditions on the website. If you do not agree to our revised terms and conditions as posted on our website, please do not order Products from us. This Contract will be governed by the laws of England and Wales. Any dispute arising from, or related to, this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.