(a) What these terms cover.
These are the terms and conditions on which ATS Bullion Ltd (“we”, “our”, “us”) supplies to consumers any of the products
advertised by us from time to time or listed on our website www.atsbullion.com (“the Website”). Please read these terms and conditions (“these terms”) carefully and keep a copy of these terms for future reference.
(b) Why you should read them.
These terms tell you who we are, how we will provide products to you, how you and we may end the contract, what to do if there is a problem, and other important information.
(c) Business customers.
These terms do not apply to the supply of any of our products to business customers. For information as to the terms which apply to the supply of our products to businesses, please see here.
(a) Who we are.
The Website is operated by ATS Bullion Limited, a limited company registered in England and Wales with registered number 04420349 with its registered office address at 19-20 Bourne Court, Southend Road, Woodford Green, Essex, United Kingdom, IG8 8HD. Our VAT registration number is GB 795941274.
(b) How to contact us.
To contact us with any questions, please email us at [email protected]. If you are unable to contact us by email, please write
to us at the following address: 2 Savoy Court, Strand, London, United Kingdom, WC2R 0EZ.
(c) How we may contact you.
If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you
provide to us in your order.
(d) “Writing”; includes emails.
When we use the words “write”, “writing”; or “written”; in these terms, this includes emails.
(e) “Business Day”
means any day other than a Saturday, Sunday or a day which is a public holiday in England.
(a) How to order:
Orders can be placed through the Website or by calling us on the number provided on the Website. By placing an order, you will be taken to have confirmed that you are legally capable of entering into a binding contract.
(b) When a contract between us is formed:
Your order constitutes an offer by you to us to buy the specified product(s). After you have placed an order via
the Website, you will receive an automated email from us acknowledging that we have received your order (‘Automated Acknowledgement’). Receipt by you of an Automated Acknowledgement does not mean that your order has been accepted by us. Our acceptance of your order will take place when we write to you to confirm that the product(s) which you have ordered will be shortly despatched (the “Despatch Confirmation”), at which point a contract will come into existence between you and us for the sale of the product(s) which are specified in the Despatch Confirmation.
(c) Separate products may be the dealt with by separate Despatch Confirmations:
The contract between you and us will only apply to those products specified within the Despatch Confirmation. If your order was for more than one product, we may send separate Despatch Confirmations for separate products. We will not be obliged to supply any products which are specified in your order until despatch of those particular products has been confirmed by us in a Despatch Confirmation.
(d) If we cannot accept your order.
If we are unable to accept your order for any reason, we will inform you of this in writing and no contract will come into existence between us. We may be unable to accept your order because the product is out of stock, because you have failed to satisfy our anti-fraud or anti-money laundering requirements, because you have failed to provide the ID information or documentation requested by us, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because of unexpected limits on our resources which we could not reasonably plan for.
(e) We only sell to consumers in the United Kingdom of Great Britain and Northern Ireland (the “UK”).
The Website is solely for the promotion and sale of our products to consumers in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
(a) Products may vary slightly from their pictures.
The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
(b) Product packaging may vary.
The packaging of the product may vary from that shown in images on the Website.
(a) Minor changes to the products.
We may change the product to reflect changes in relevant laws and regulatory requirements.
(b) Changes to these terms.
We may change any part of these terms for any reason, and if we do we will post a notice on the Website that these term have changed. Changes to these terms will not affect any contract between you and us which came into effect before the date on which the changes to these terms were made.
(a) Delivery address:
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 registered billing address in respect of the card which has been used to complete the order on the Website. We will not deliver goods to any other address other than the registered billing address of the card.
(b) Free delivery.
We provide free delivery of the products within the UK. Deliveries are fully insured by us and underwritten by Lloyds of London up to a value of GBP 50,000. If your order exceeds this value, more than one parcel will be sent and each parcel will be despatched separately.
(c) When we will provide the products.
Orders received, paid for with cleared funds, and confirmed by us (by means of our sending you a Despatch Confirmation) on a Business Day will be despatched by us on the following Business Day, except if you request otherwise as provided in clause 6(d) below. Orders received, paid for in cleared funds, and confirmed by us (by means of our sending you a Despatch Confirmation) on a Saturday or
Sunday or a public holiday, will be despatched the following Business Day except if you request otherwise as provided in clause 6(d) below. Orders
will be despatched by one of the following methods:
(i) Orders with a value up to GBP 200 will be sent by Royal Mail Signed
For® 1 st class;
(ii) Orders with a value of over GBP 200 will be sent by Royal Mail
Special Delivery Guaranteed by 1pm®; or
(iii) Certain orders (including orders for silver where the parcel exceeds 2
kg in weight) will be sent by UPS Standard® Next Day by end of day.
(d) Notifying us if you will not be at home when the product is delivered:
In our Despatch Confirmation, we will notify you of the anticipated date of despatch of your product and the estimated date and (if applicable) time of delivery (which will depend upon the method of delivery applicable to your order). We will give you an option in the Despatch Confirmation to notify us by a specified time if you will not be at home at the estimated date/time of delivery and wish to request a different delivery date. If you have not requested a different delivery date by the time specified in the Despatch Confirmation, we will despatch your products.
(e) If you are not at home when the product is delivered – during the period when the Royal Mail practices adopted as a result of COVID-19
remain in effect.
During the period when COVID-19 restrictions have been in effect, Royal Mail has:
(i) dispensed with the requirement that a signature be obtained for deliveries made in accordance with either of the methods specified at clause 6(c)(i) and (ii) above; and (ii) adopted a practice of leaving parcels at the delivery address if the door is not answered and signing “COVID-19” to confirm delivery has been made.
For as long as the above practices by Royal Mail are in use, it is possible that the product which you order will be left outside your delivery address if you do not answer the door. These practices by Royal Mail are not within our control, and we do not accept responsibility for any loss suffered by you as a result of such practices.
(f) If you are not at home when the product is delivered – usual process.
If and when Royal Mail delivery processes return to normal, a signature will
be required by you on delivery of the product. If no one is available at your address to take delivery, a “While You Were Out” card will be left by Royal Mail at the property. You can then rearrange delivery with the relevant sorting office or collect from there in accordance with their processes and ID requirements.
(g) We are not responsible for delays in the postal service or other delays outside our control.
If our supply of the products is delayed by an event outside our control (including but not limited to delays in the postal or other delivery service) then provided that you notify us of the delay, we will take steps (such as, for example, contacting the postal service or other delivery provider) to try to minimise the effect of such delay. As long as we do this we will not be liable for delays caused by the event.
(h) Gold bullion purchased by bank transfer – option for collection by you.
If you have purchased gold bullion products on the Website and paid by bank transfer, you may collect the products from our store at 2 Savoy Court, Strand, London, WC2R 0EZ during our office hours (9.30 am – 5.00 pm on Business Days). You must bring your passport, driving licence (with photograph) or national identity card to prove your identity, and any other ID documentation which we may specify.
(i) If you do not re-arrange delivery.
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract under clause 9(a) and clause 9(b) will apply.
(j) When you become responsible for the goods.
The product will be your responsibility from the time the product is delivered to the address you gave us (whether it is signed for by someone residing at such address or, during the period when Royal Mail’s practices set out in clause 6(e) are in effect, left outside the delivery address), or from the time when you collect the product from us (as applicable).
(k) When you own goods.
You own the product once we have received payment in full in cleared funds.
(l) What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example, ID information or documentation which is required by us. If so, this will either have been stated in the description of the products on the Website or we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract in accordance with clause 9(a) and clause 9(b) will apply. We will not be responsible for despatching the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
(a) Ending your contract with us.
You have the right to end your contract with us in the following circumstances:
(i) if the product you have bought is faulty, damaged, or misdescribed,
see clause 10;
(ii) in relation to the products specified in clause 7(c), if you have
changed your mind about the product, see clause 7(c); or
(iii) in the circumstances set out in clause 7(d).
(b) No right to change your mind and receive a refund in most circumstances.
If you have purchased products where the price is dependent on market fluctuations which we cannot control (which is the case for all products which we sell except for Ancillary Products (as such products are defined in clause 7(c)), you have no statutory right to change your mind and receive a refund.
(c) Ancillary Products – exercising your right to change your mind:
In relation to Coin Tubes, Coin Boxes and any other products we may offer from time to time where the price of such products is not dependent on market fluctuations (“Ancillary Products”), you have a statutory right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund of the price paid.
(d) Ending the contract because of a breach by us or a significant delay in supply due to events outside our control.
You have a right to end the contract for a reason set out at (i) to (iv) below. If you exercise this right, the contract will end immediately and we will refund you for the price paid for any products which have not been provided. The reasons are:
(a) If you want to end the contract and you have a right to do so under clause 7(a),
please let us know by doing one of the following:
(i) Phone or email.
Call customer services on 020 7240 4041 or email us at [email protected]. Please provide your name, home address, details of the order and your phone number and email address.
(ii) By post.
Write to us at 2 Savoy Court, Strand, London, United Kingdom, WC2R 0EZ, including details of what you bought, when you ordered or received it and your name and address.
(b) Returning products after ending the contract.
If you end the contract under clause 7(a) after the product has been despatched to you or you have received it, you must return the product to us. You must either return the product in person to where you bought it, post the product back to us at 2 Savoy Court, Strand, London, United Kingdom, WC2R 0EZ or (if the product is not suitable for posting) allow us to collect the product from you. Please call customer services on 020 7240 4041 or email us at [email protected] to discuss the best method of return with us, or to arrange collection. Whilst our product is in your possession you are expected to take all reasonable care of it and to return the product to us insured for the full purchase price.
(c) When we will pay the costs of return.
We will pay the costs of return:
In all other circumstances you must pay the costs of returning the product.
(d) How we will refund you.
If you are entitled to a refund, we will refund you the price you paid for the products. Whilst we will usually refund any money received from you using the same method originally used by you to pay for your purchase, we may, with your agreement, refund you by another means.
(e) When your refund will be made.
If you are entitled to a refund, we will make any refund due to you as soon as possible.
(a) We may end the contract if you breach it.
We may end the contract for a product at any time by writing to you if:
(b) You must compensate us if you breach the contract.
If we end the contract in the situations set out in 9(a) we may charge you reasonable compensation for the net loss we incur as a result of your breaching the contract, which may include any loss suffered by us as a result of a fluctuation in the price of the product since the date on which the contract came into effect.
(a) Our legal duty regarding the supply of the products.
We are under a legal duty to supply products that are in conformity with the contract, and which:
(b) How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 7240 4041 or write to us at [email protected]
(c) Your obligation to return rejected products.
If you wish to exercise your legal right to reject products you must return them to us in accordance with clause 8(b).
(d) Replacement or refund:
If the product is faulty or damaged and you would like us to replace it, please let us know. If we agree that the product is faulty or damaged, then we will replace the product within a reasonable period of time of you returning the product and notifying us that you would like a replacement, and we will bear any costs incurred by us in doing so (including costs of delivery of the replacement product). If it is not possible to replace the product because we do not have an acceptable replacement in stock, we will give you a refund of the price you paid for the product as soon as possible. Whilst we will usually refund any money received from you using the same method originally used by you to pay for your purchase, we may, with your agreement, refund you by another means.
(a) Where to find the price for the product.
The price of gold, silver and platinum fluctuates constantly and as a result the prices of most of our products are liable to change at any time before you place your order. The price of any products purchased via the Website will be as quoted on the order page of the Website at the point at which you place your order, except in the case of obvious error. We recommend that immediately before you place your order, you refresh the screen to show the up-to-date price. The price of any products purchased via telephone will be as specified by our sales representatives during the telephone call immediately prior to your confirming your order.
The prices for products quoted in any advertisement published by us are correct at the time of printing, except in the case of obvious error. If you place an order for the products by post, one of our sales representatives will telephone you to notify you of the up-to-date price of the product which you wish to purchase and, if you wish to proceed, to accept your order. The price of the product will include delivery costs unless otherwise specified (in which case delivery costs will be stated separately on the order page of the Website, by our sales representative on the telephone, or in our advertisements (whichever is applicable)). Some products, where specified, will be subject to VAT at the prevailing rate. 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.
(b) We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date on which we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
(c) What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you the price you have paid and require the return of any products provided to you.
(d) When you must pay and how you must pay:
(i) Orders by telephone or post: You can pay for small amounts of products ordered by telephone or post: a) by UK debit card, b) by bank transfer, or c) or by Sterling cheque (payable to ATS Bullion Ltd). Cheques are cashed on receipt but take 7 Business Days to clear before we will send the goods. We will not charge your debit card until we have allocated stock to your order.
(ii) Orders placed via the Website: You can pay for small amounts of products ordered on the Website: a) by UK debit card or credit card, or b) by bank transfer. Payments made by debit or credit card will be processed by our payment provider, SagePay. Once we have received payment either through the SagePay payment portal or by cleared funds received into our bank account, we will process your order. In the event of any problems with the payment process, we may contact you on the details you have provided during the ordering process.
(e) Bank transfers and cleared funds:
If you place an order for products on the Website and select the bank transfer payment option or are required to pay by bank transfer due to the nature or value of the products you have ordered, we must have received cleared funds within 48 hours of your placing your order. If we have not received cleared funds within this timeframe, we may refuse to accept your order, in which case a contract between you and us will not come into effect. We will notify you if we refuse to accept your order for this reason.
(f) Verifying your identity:
On occasion we may ask for documentation to verify your identity in order to enable us to comply with anti-money laundering and anti-fraud legislation.
(g) We can charge interest if you make an Unjustified Chargeback Request.
If you make an Unjustified Chargeback Request, we may charge interest to you on the overdue amount at the rate of 1% per year above the base lending rate of the Bank of England from time to time (or 1% per year for any period during which the base lending rate of the Bank of England is below zero). This interest shall accrue on a daily basis from the due date for payment until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
(h) What to do if you think an invoice is wrong.
If you think an invoice or an amount we have charged you for a sale of a product is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. If the dispute is resolved in your favour, you will not have to pay interest. If the dispute is resolved in our favour, we will charge you interest on correctly invoiced sums at the rate of 1% per year above the base lending rate of the Bank of England from time to time (or 1% per year
for any period during which the base lending rate of the Bank of England is below zero). This interest shall accrue on a daily basis from the original due date for payment until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount..
(a) We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
(b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10(a).
(c) We are not liable for business losses.
These terms only apply to the supply of the products for domestic and private use. If you purchase the products as a consumer and then use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(a) How we may use your personal information.
We will only use your personal information as set out in our https://www.atsbullion.com/privacy-policy/.
(a) We may transfer our rights and obligations under any contract between you and us to someone else.
We may transfer our rights and obligations under any contract formed under these terms between you and us to another organisation. We will contact you to let you know if we plan to do this.
(b) You need our consent to transfer to someone else your rights or obligations under any contract formed under these terms between you and us.
You may only transfer your rights or your obligations under any contract between you and us to another person if we agree to this in writing.
(c) Nobody else has any rights under any contract between you and us.
Any contract which is formed under these terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
(d) If a court finds part of any contract between you and us formed under these terms to be illegal, the rest will continue in force.
Each of the clauses of these terms operates separately. If any court decides that any term of a contract formed under these terms is unlawful, the other clauses
will remain in full force and effect.
(e) Even if we delay in enforcing a contract between you and us formed under these terms, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under a contract, or if we delay in taking steps against you in respect of your breaching a contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(f) Which laws apply to a contract between you and us formed under these terms and where you may bring legal proceedings.
These terms (and any contract formed under these terms) are governed by English law and either you or us can bring legal proceedings against the other for any claim arising out of or in connection with a contract formed under these terms in the English courts. If you live in Scotland you can bring legal proceedings for any claim arising out of or in connection with a contract formed under these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings for any claim arising out of or in connection with a contract formed under these terms in either the Northern Irish or the English courts.
