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THE MINTED APP LTD
Terms and Conditions relating to Sale via the Store
This page sets out the legal terms and conditions which apply when you open a Minted Customer Account with us and purchase Products via our store on the Customer Platform (“Store”).
The purchase of Products via our Store is not the same as the purchase of One-off Gold, Gold Monthly Plans or Vaulted Silver. If you are looking to purchase Vaulted Silver, please refer to our Vaulted Silver Terms and Conditions [UH1]and if you are looking to purchase One-off Gold or set up a Gold Monthly Plan please refer to our Gold Purchase Terms and Conditions[UH2].
The Customer’s attention is particularly drawn to the provisions of Condition 19 (Limitation of liability).[HS3]
These Terms and Conditions of Sale (“Conditions”) govern the terms upon which we, The Minted App Limited (Company Number 11738684), trading as Minted, (hereinafter referred to as “we”, “us”, “our” or “The Minted App”) sell you, the customer (hereinafter referred to as “you”, “your” or the “Customer”) Products (as defined herein) via the Customer Platform.
The Minted App is authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 for the issuing of Electronic Money. FCA Firm Registered Number is 901081.
Please read these Conditions carefully before you place any Orders. These Conditions tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us.
The value of Gold and Silver can rise or fall both directly and when measured against exchange currencies. Foreign currency exchange rates are subject to fluctuations outside the control of The Minted App and may fluctuate quickly. Historical prices are not a reliable indicator of future prices. Any exchange rate risk shall be borne by the Customer. Your capital may therefore be at risk. The Minted App do not provide general or investment advice.
These Conditions may change from time to time. We recommend that you revisit this page periodically and store the latest copy of these Conditions for your records. We strongly recommend that you read these Conditions in their entirety.
1. Interpretation
1.1. The following definitions and rules of interpretation apply in these Conditions:
“Cleared Funds” means cash in your Minted Customer Account which is due from a) a sale of Product(s) that has settled[HS4]; or b) the crediting of funds to your Minted Customer Account by debit card, direct debit or bank transfers; and which has cleared the banking process.[UH5]
“Conditions” means these Terms and Conditions of Sale herein contained as amended from time to time in accordance with Condition 31, as well as any account-opening documentation and any other documents, terms and conditions, or policies expressly referenced;
“Contract” means, as the case requires, any and each contract that exists between The Minted App and the Customer in relation to the placing of Orders and for the avoidance of doubt each transaction entered into and concluded with a Customer shall be regarded as giving rise to a separate Contract governed by the Terms and Conditions then in force in accordance with Condition 3;
“Customer” or “you” means any person, entity, fund or corporation who becomes a customer of The Minted App in accordance with Condition 3;
“Customer Platform” means the Website, the Application, Application Programming Interface (“API”) and any associated The Minted App systems or mobile applications (together, the “Customer Platform”) which allows the Customer to log into their Minted Customer Account to create and manage their Order(s) for the purchase of Products and requests for delivery;
“Customer’s Verified Address” means the U.K. address nominated by the Customer for delivery of Products which is validated by The Minted App upon receipt of the sufficient proof of address provided by the Customer;[UH6]
“E-money” means electronic money as defined under section 2(1) of the Electronic Money Regulations 2011 (as amended from time to time) and held and secured in a client segregated account with an authorised credit institution which is authorised and regulated by the Financial Conduct Authority or other competent regulatory authority;
“E-wallet” means an electronically held software or web service facility which displays the Customer’s current monetary value (E-money) as represented by The Minted App and which shall be the default facility for Customer money;
“Spot Price” means the live UK gold and/or silver market price for gold and/or silver on any given day per one troy ounce, or other denomination as stated;
“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Minted Customer Account” means the account that the Customer creates with The Minted App via the Customer Platform, for the sale, purchase, storage and withdrawal of Gold and which maintains an electronic record of:
(a) the amount of Gold Holdings (excluding Physical Bullion) expressed in grams, troy ounces of Gold held by or for the Customer or on the Customers behalf at the Storage Provider;
(b) the amount of Physical Bullion held by or for the Customer or on the Customers behalf at the Storage Provider, for which quantity is expressed in whole bars together and identifiable by corresponding serial numbers;
(c) any money held by us on your behalf whether in your E-wallet or otherwise;
(d) your Order(s);
(e) your sale of Gold Holdings; and
(e) our fees;
“Order” means the Customer’s order for the purchase of Products, specifically by the Customer submitting an Order via the Store. Each Order shall be deemed to be a separate offer by the Customer to purchase Products on the Conditions contained herein, which The Minted App shall be free to accept or decline at its absolute discretion;
“Product(s)” means silver, gold, platinum, palladium [HS7]and jewellery products and any other products we offer for sale via the Store; [UH8]
“Security Information” means a user identification name, code, personal identification number, password or such other security information as The Minted App may determine for use in connection with the Customer Platform;
“Storage Provider” means a storage provider appointed by The Minted App to store Products on behalf of Customers;
“Website” means the website currently maintained by The Minted App at www.The Minted.com or such other website and/or mobile application as The Minted App may from time to time maintain;
“Working Day(s)” means a day (other than a Saturday, Sunday or public holiday) on which clearing banks are generally open for business in England.
2. Basis of Contract
2.1. An Order constitutes an offer by the Customer to purchase the Products in accordance with these Conditions.
2.2. An Order shall only be deemed to be accepted when we issue written acceptance of your Order at which point and on which date the Contract shall come into existence. If we are unable to accept your Order (for example, because we have identified an error in the price of the Products), we will inform you and will not process your Order. If you have not received confirmation that your Order has been accepted within two working days of the date you placed your Order, please contact us. We may also send you an acknowledgement email, but this does not mean your Order has been accepted.
2.3. Any samples, drawings, descriptive matter or advertising issued by The Minted App and any illustrations or descriptions contained in the Customer Platform or other printed material are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract nor have any contractual force.
2.4. The Conditions shall:
(i). apply to and be incorporated into the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; and
(ii). Prevail over any inconsistent terms and conditions contained or referred to in your purchase order, confirmation of Order, acceptance of quotation, or specification or other document supplied by you or implied by trade, custom, practice or course of dealings.
3. Deemed Acceptance and Prevailing versions of the Conditions
3.1. You shall be deemed as a Customer of The Minted App by doing any or all of the following:
(i). Registering for a Minted Customer Account;
(ii). Placing an Order or transferring the funds required to make a purchase of Products; and/or
(iii). Upon entering into any other Contract for the supply of services with The Minted App.
3.2. We may from time to time modify the Conditions. Conditions as modified shall apply to Customers of The Minted App on the date on which such persons become a Customer of The Minted App. The modified Conditions shall apply to existing Customers, on or after the date (the “Relevant Date”) falling on the earlier of:
(i). the date on which the modified Conditions are sent to the Customer in accordance with Condition 9 below; or
(ii). the date falling 30 days after the date stated as the Effective Date in the modified Conditions;
in respect of any Contract entered into between the Customer and The Minted App on or after the Relevant Date.
4. The purpose of our business relationship
4.1 You have chosen to become a Customer in order to benefit from purchasing Products. This is provided as execution only. We do not give guidance on price performance. Any opinion or information given by The Minted App concerning any market dynamic including, but not limited to price, possible performance or trading conditions whether posted on the Customer Platform or otherwise disclosed to a Customer shall not be construed as advice in any respect and the Customer’s attention is specifically drawn to Condition 5.
5. Purchasing Disclaimer
5.1 Product markets are volatile and the value of Products may go down as well as up. Accordingly, purchases in Products involve a degree of risk which may make them unsuitable for certain individuals. You should carefully consider the suitability of a purchase of Products as a personal purchase and if needs be should consider seeking independent professional advice before proceeding.
5.2 Once an Order has been submitted it cannot be altered, cancelled or rescinded other than in accordance with these Conditions.
5.3 When placing an Order, you rely solely on your own judgement. We do not offer advice on any matter including (without limit) the merits or otherwise of any Orders, sales, taxation, or markets.
5.4 We may at our sole discretion refuse any Order without reason and without liability for any loss or damage incurred by you or any other party.
5.5 We will not be liable to you for any funds representing the benefit of any fluctuation in Products arising after an Order has been placed.
IMPORTANT NOTE[HS9]: THE GOLD AND SILVER BULLION MARKETS, WORLDWIDE, ARE UNREGULATED. THERE IS NO GUARANTEE, EXPLICIT OR IMPLIED, OF THE FUTURE VALUE OF ANY OF THE GOLD OR SILVER PRODUCTS THAT WE SELL.
6. Identification
6.1 The Minted App are required to verify the identity of Customers. All Customers are required to comply with the Criminal Justice Act 1994 (CJA). Pursuant to the CJA, we are obliged to carry out sufficient checks to verify the identity of our customers. In this regard, before accepting Orders, we may require certain identification.
6.2 The Minted App reserves the right to request additional identity verification information if it believes it necessary or appropriate to do so in order to comply with its obligations under the CJA.
6.3 You undertake to identify yourself according to the identity verification procedures required by The Minted App. You authorise The Minted App to make such enquiries as it may feel necessary to satisfy itself about the validity of your identity.
6.4 You accept that your failure to identify yourself promptly and correctly may negate some of the protections you seek from The Minted App. You hereby indemnify and keep indemnified The Minted App against losses which arise out of your failure to identify yourself promptly and correctly.
6.5 We may request from you, from time to time, information regarding you and your financial affairs as they relate to The Minted App, which may be required for compliance with money laundering regulations, legislation or other matters.
7. Data Protection
7.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy[UH10], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
8. Contact details
8.1 The Minted App may maintain the following contact details for you:
(i) an email address;
(ii) a contact number;
(iii) a home address;
(iv) a date of birth; and
(v) bank account details
8.2 You agree to keep your contact details held by The Minted App up to date and accurate, which you can do via the Customer Platform or by contacting us. The Minted App is entitled to rely on the accuracy of the contact details supplied.
8.3 You agree to notify The Minted App within 30 days of any changes to your contact details.
8.4 You agree that The Minted App shall not be responsible for any loss, expense, delay or other breach under these Conditions incurred as a result of your failure to accurately maintain your contact details. You hereby fully indemnify and keep indemnified The Minted App against all such liabilities and associated losses, expenses or delays which arise out of your failure to maintain your contact details correctly.
9. Communication between us
9.1 Your primary means of communication with The Minted App will be via email[UH11]. You may also submit questions and access responses and general information and carry out certain transactions using the client query tool located on the Customer Platform.
9.2 Email:
9.2.1The Minted App will, from time to time, send information to you by email including, but not limited to, acknowledgements of changes to your Minted Customer Account, Order confirmations, execution advices, contracts and changes to these Conditions. The Minted App system records all outward email transmissions.
9.2.2It is your responsibility to ensure that any nuisance email filters in use by you or your email service providers are not configured to block email from The Minted App.
9.2.3You understand and accept that The Minted App shall be deemed to have duly sent or transmitted an email to you when it places onto the public part of the Internet an email correctly addressed to your email contact address as notified from time to time to The Minted App.
9.2.4You understand and accept that email is not encrypted and that it operates with a similar degree of privacy as physical post, in that a network engineer, has the ability to see email and attachments if he chooses to open your mail. You accept and understand that easily comprehended open format feedback to a known and used email address is appropriate for reporting your completed business to you, off-line, and after the event.
9.3 Telephone:
The Minted App may contact you by telephone on the telephone number(s) advised to us for the purposes of confirming any Order(s) including to confirm the applicable pricing prior to concluding a sale of Products with you or on your behalf. You agree that all calls made between you and The Minted App may be recorded by The Minted App in order to assist with our monitoring and compliance procedures, and to avoid misunderstandings. Such records will be our property and will be accepted by you as evidence of your Orders or instructions. We may use the recordings and /or transcripts for any lawful purpose which we deem desirable and the recording of any such telephone calls shall be admissible as proof of the matters discussed therein.
9.4 Customer Platform Usage:
9.4.1Access to and use of the Customer Platform for information purposes and to avail of any services shall be subject to all usage terms and conditions, policies and procedures specified from time to time on the Customer Platform. When you register on the Customer Platform, you will be asked to provide a username and password which may be changed by you from time to time. You shall be solely responsible for protecting the confidentiality of your username and password. You must not disclose it to any third party. You shall notify The Minted App immediately should you suspect or become aware that your username or password has become known or available to any other person.
9.4.2We shall have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions.
9.4.3We shall have no liability or responsibility to you for acting on instructions purporting to be given by you via the Customer Platform (whether or not you in fact gave such instructions) where:
a) your username and password have been correctly input into the Customer Platform in connection with such instructions; and
b) you have not notified us in accordance with Condition 9.4.1.
9.4.4 In accessing the Customer Platform and availing of any of the services or information available on or via the Customer Platform, you accept and are deemed to accept that electronic mail messaging and internet communication may not be free from interference by third parties and may not remain confidential. The use of the Customer Platform is at your sole risk. If you suspect that any information communicated in connection with the Customer Platform may be incorrect, please contact The Minted App on support@theminted.com.
10. Acceptable ways of making pre-payments
10.1.The Minted App shall not be obliged to fulfil any Orders, pre-payments or monies on accounts unless sufficient funds to cover the full value of the Order are received in Cleared Funds in The Minted App’s nominated bank account at the time the Order is initiated. Payment of the Order price may be made in accordance with Condition 13 (Payments). If any payments are made by regular card payment or Truelayer, the Customer acknowledges that their bank may be expected to identify standard banking data on each incoming payment to The Minted App’s nominated bank account, including:
i) your bank name;
ii) your branch identifying code;
iii) your account name;
iv) your bank account number; and
v) your The Minted App user name or quotation reference number (as the payment reference).
10.2.The Minted App retains the right at its absolute discretion to accept an Order without receipt of Cleared Funds. In such circumstances, The Minted App will retain ownership of the Product(s) until such time as The Minted App has received the full Order price in Cleared Funds. In the event that funds do not clear, The Minted App shall retain the right to seek full payment from the Customer for the Order or cancel the Order in accordance with Condition 15. In the event that the Order is cancelled by The Minted App, the Customer shall be fully liable to pay any and all losses and or administration expenses relating to the Order.
10.3.The Customer agrees that any failure, or delay by the Customer’s bank to identify the source of your money may delay your account being credited or the funds in the account being allocated and credited to your account with The Minted App. In such circumstances, The Minted App may suspend aspects of your account until such time as the correct remittance details are established to The Minted App’s satisfaction.
10.4.You accept that where you have provided us with necessary details independently of the actual bank transfer on which your money was received, The Minted App is entitled to suspend your right to immediate withdrawal for a period not exceeding six weeks.
11. Placing an Order
11.1 When we accept your Order, we will use reasonable endeavours to complete it. However, we will not be liable to you for any loss or expense you suffer if we are unable to carry out an Order for any reason (other than as a result of our negligence, fraud or wilful default) or due to a breakdown or failure of transmission or communication systems or where there is a delay or change in Product market conditions prior to the transaction being completed.
11.2 You cannot place an Order until a Minted Customer Account has been opened and Cleared Funds received. By placing an Order, you agree that you will have sufficient Cleared Funds as required to make the payment including fees to settle the trade.
11.3 All Products shown on the Customer Platform and in our advertising materials are subject to availability
11.4 We do not hold all Products in stock and we may have to order Products specifically in order to fulfil your Order.
11.5 You authorise The Minted App to act upon instructions given securely via your Minted Customer Account. You agree that we are entitled to accept all instructions received by The Minted App without any further enquiry or verification provided that they are, or appear to be, given using your Security Information.
11.6 We reserve the right to reject an Order if you do not provide us with the necessary personal information or if you do not pass our security checks.
11.7 By placing an Order, you confirm that you have all rights, permissions and consents that are required in order to place an Order and to receive the Products, including authority to bind any business on whose behalf you purchase the Products from us.
12 Pricing
12.1 The Minted App will charge fees in respect of Orders as notified to you by us during the ordering process, provided that payment and any required personal information is received by the applicable deadline.
12.2 Unless otherwise agreed by us in writing, all amounts (including, without limitation, all fees and charges) payable by you shall be due on demand without set-off, counterclaim deduction or withholding.
12.3 All payments due from you to us under these Conditions shall be made by you in Cleared Funds unless otherwise agreed by us in writing.
12.4 We reserve the right to collect fees due under these Conditions in Products or the national currency of any territory which is accepted by us in exchange for Products.
12.5 You agree and hereby authorise that we may, at our sole discretion and without notice to you, appropriate the whole or any part of the funds in your E-wallet to set-off any of your liabilities or obligations to us whether in respect of fees and charges or any other monies owed to us.
12.6 If you place an Order, you are making an offer to purchase the Products at the price (including delivery costs) notified to you pursuant to this Condition 12 and otherwise under these Conditions. All Orders placed are subject to these Conditions and by placing an Order, you agree to:
a) comply with these Conditions;
b) pay the price of the Products and delivery charges for the Products;
c) pay all bank charges arising from any payment you make to us in a foreign currency, and any transaction charges; and
d) pay any Administration Fee that may become due under Condition 15 in accordance with these Conditions.
Please note that there may be other charges and costs other than those charges by or via us, and you are responsible for these.
12.7 The price of Products is dependent on market fluctuations in price and if payment or any required personal information is not received by the applicable deadline, the price of the Product may increase according to market fluctuations, in which case, Condition 15 shall apply. Further, if we have asked you or you have requested to pay in advance, the price of your Order shall only be fixed once we have received sufficient payment from you (either full payment or such amount as we have requested from you). The advance payment shall be an estimate of the price of your Order and shall be subject to fluctuations until the advance payment has been received by us, following which we shall fix the price and confirm the final amount to you.
12.8 Where we do not have Products in stock for an Order with a value of £50,000 or more, we will require a non-refundable deposit from you to secure your Order. The applicable price shall be set according to the live market price if your Order is placed between 9am and 4pm on a Working Day. If you wish to place an Order over a value of £30,000 outside of office hours, we may ask you to call us between 9am and 4pm on a Working Day. This may be because we require further identification from you or because we need to buy additional bullion to back your Order.
12.9Prices for our Products may change from time to time. Except as set out in these Conditions, changes will not affect any Order which we have accepted in accordance with these Conditions.
12.10The price of a Product does not include delivery charges, but is inclusive of any VAT that may be applicable in the UK[UH12]
12.11If you request us to deliver your Products to you or to put your Products, you must also pay our delivery costs (Delivery Costs). The Delivery Costs shall include our actual cost of delivery, packaging and insurance and shall be calculated by reference to the price of the Products. Unless we advise you otherwise, the parcel shall be insured up to the price of the Products during transit.
12.12We take reasonable care to ensure that the prices of Products are correct at the time at which they are provided. However, we supply a wide range of Products and it is always possible that, despite our reasonable efforts, the price we provide to you in respect of some of our Products may be incorrect. It is also possible that when paying for your Products you may pay the wrong amount. The following provisions shall apply where we discover an error in the price of any Product that you have ordered when processing your Order.
a) If a Product’s correct price is higher than the price stated to you, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct higher price or cancelling your Order. We will not take any further steps to process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. If you have paid any part of the price of the Product but we are unable to contact you to take your further instructions, we will refund such sums to you as soon as reasonably possible.
b) If we accept an Order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as mispricing, we may end the Product Contract with you, refund to you any sums you have paid under the Product Contract and require the return of any Products supplied to you under that Product Contract.
c) If we have quoted the correct price to you and a Product Contract has been formed, but when paying the price, you have paid an amount less than the quoted price, you must make payment of the remainder due by the deadline we notify you of. Your Product will not be delivered until such outstanding amount is received in Cleared Funds. If you do not pay such amount due within this time, Condition 15.4 will apply.[UH13]
12.13Condition 12.12 only applies to pricing errors. Where prices have changed because of your late payment, Condition 15.4 shall apply.
12.14Local currencies will be converted to GBP at the prevailing retail rate prior to the day of the Order.
13 Payment
13.1 The Customer shall pay by logging into their online banking via Truelayer as well as by card payment subject to transaction limitations, The Minted App’s third-party payments provider and make payment thereon.[UH14]
13.2 Any payments not received by us within 24 hours of your Order being placed may be cancelled and you may be charged an Administration Fee in accordance with Condition 15.4 below. We will allow up to three working days to receive international payments before cancelling your Order.
13.5 If requested by us, you may be required to pay a non-refundable deposit to fix the price and secure your Order (Deposit), pending receipt of full payment in Cleared Funds. If you pay a non-refundable Deposit, the price will be fixed at the time you place your Order.
13.6 Alternatively, we may require you or you may request to pay for your Order in advance of us fixing the price for your Order (Advance Payment). Once we have received payment in full (or such proportion of payment agreed by us), we shall fix the price and inform you. You shall then be liable to pay us the balance between the amount you have paid us and the final balance, or we shall refund you the difference (if the price has dropped). If you make an Advance Payment, the price will only be fixed once we have received the Advance Payment and we have informed you of this.
13.7 If you are paying for your Order in advance in accordance with Condition 13.6, you shall be entitled to cancel your Order at any time before we have informed you that we have fixed the price. If you cancel your Order, we will refund you the Advance Payment we have received, but we may charge you an Administration Fee in accordance with Condition 15.4.
14 Ownership
14.1 Under these Terms, risk in the Products shall pass to you on completion of delivery in accordance with Condition 17.4.
14.2 You will own the Products once you receive the confirmation of our acceptance of the Order, we have received the Products from our supplier, we have received payment in full in Cleared Funds and we have received all the documents required in respect of your Order.
15 Cancellation
15.1 You acknowledge that the price for Products is dependent on the Spot Price, which we cannot control. You agree that you shall not be entitled to cancel any Orders placed or Orders fulfilled by us. We will use reasonable endeavours to assist you to cancel any Orders which we have not yet fulfilled, however cancellation is not guaranteed.
15.2 If the Product you have ordered is the latest year coin and that coin is superseded by the following year coin prior to us receiving your Order, we reserve the right to supply the following year coin in place of the latest year coin originally ordered.
15.3 Where cancellation is approved by us for whatever reason, you will be liable for any adverse movement that negatively affects us in the primary Product price based on the difference in the Spot Price from when the Order was placed and when the cancellation is accepted by Us, multiplied by the Product content of the Order(s)).
15.4 If cancellation occurs as a result of payment not being made by you or received by us in accordance with the applicable deadlines set out in this Condition 13, or if the personal information required is not provided by the relevant deadline we may charge you an administration fee which will be at least 1% of the price of the Product(s) including any additional metal price movements that negatively affects us, as a result of you breaking the Product Contract by failing to make payment or provide your personal information by the relevant deadline. Any Administration Fee shall be payable within seven days of you being notified that an Administration Fee has been charged. The Administration Fee shall be payable regardless as to whether or not we have accepted your Order
15.5 If you cancel an Order where the price has not yet been fixed in accordance with Condition 13.7, we may charge you an Administration Fee in accordance with Condition 15.4 to cover our administrative costs of processing your Order and returning any Advance Payment to you.
15.6 Where necessary in cases of cancelation, you may be required to make payment for additional services such as delivery.
15.7 We reserve the right to take legal action against you to enforce these Conditions. If we have accepted your Order and you fail to make payment or provide personal information by the relevant deadline, we may be entitled to make a claim against you for reasonable compensation for the costs we have incurred or will incur as a result of you breaking your Product Contract and we reserve the right to deduct such amounts from any refund payable to you.
15.8 If you do not pay any Administration Fee or other money due or provide any personal information required by the relevant deadline, in addition to our other legal rights and remedies, we may refuse to deal with you in the future until all such money due to us is paid or personal information required is supplied by you.
15.9 Without affecting any other right or remedy available to us, we may suspend, terminate or refuse the performance of any Contract between you and us, without incurring any liability for losses that may have been sustained as a result and without giving notice, if:
i) you fail to pay an amount due under these Conditions on the due date for payment;
ii) we consider it necessary including but not limited to:
a) protection from fraud or money laundering, or any legal and/or regulatory obligations;
b) protection from Customer default;
c) protection from market failure;
d) protection from adverse and/or volatile market conditions; and
e) protection from loss by The Minted App
iii) we suspect you of being on an Anti-Money Laundering sanctions list including but not limited to suspicion that you may be a politically exposed person;
iv) you commit a material breach of any other term of these Conditions which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
v) you repeatedly breach any of the these Conditions in such a manner as to reasonably justify the opinion that your conduct is inconsistent with having the intention or ability to give effect to these Conditions; or
vi) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986;
vii) you commence negotiations with all or any class of its creditors with a view to rescheduling any of your debts, or makes a proposal for or enter into any compromise or arrangement with any of your creditors; or
viii) you die or, by reason of illness or incapacity (whether mental or physical and in our reasonable opinion), are incapable of managing your own affairs or becomes a patient under any mental health legislation.
15.10 For the purposes of condition 15.6 (ii), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from:
i) a substantial portion of these Conditions; or
ii) any obligations set out in Conditions 6 (Identification), 8 (Contact Details),, 13 (Payments) and 17 (Delivery).
15.11Over any 3-month period during the Contract, in deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding. When terminating for material breach, The Minted App may rely on a single material breach or several breaches or repeated breaches that, taken together, constitute a material breach.
15.12In respect of termination, The Minted App obligations under or in connection with the Contract shall cease to apply, and The Minted App will no longer meet those obligations. This includes any obligation to complete Orders and/or to provide services which are terminated.
16 Quality
16.1 All images we show on the Customer Platform of the Products and their packaging and in any of our other advertising materials (such as brochures and printed advertisements) are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours, or the photographs of the colours in our advertising materials, accurately reflect the colour of the Products or their packaging. We cannot guarantee that you will get the exact Product or packaging pictured in those images. The images of Products or packaging used on the Customer Platform and in advertising materials may be generic images of a particular kind of Product but not of the specific Product purchased. Due to the nature of the Products we sell (including second hand Products), Products of the same type and their packaging will vary and may be subject to imperfections. For example, the condition of certain Products may not be pristine, Products and packaging may be scuffed or scratched, and packaging (including presentation boxes and their lining) may be stained or discoloured. Products will be graded depending on their condition and images of Products may not display the exact Product or the grade of Product that you are purchasing. Please refer to the written description of the Product.
17 Delivery
17.1 All delivery of Product(s) will be made to your Customer Verified Address only and the time for delivery will depend on whether we hold the Product(s) you have ordered in stock. We will normally despatch Products within three working days of receipt of the full price of the Products in Cleared Funds and all paperwork required by us to process your Order where we have such Products in stock. We may be able to make certain Products available before this time, if requested by you, subject always to stock and market factors, but this may incur a premium price or stricter payment terms, which we will notify you of prior to placing your Order.
17.2 You will be provided with details of the transport and security costs of delivery and no delivery will be made until full payment of all associated costs have been fully received by The Minted App.
17.3 Any dates quoted for delivery are approximate only and are provided by the delivery carrier. The time of delivery is not of the essence. We shall not be liable for any delay in delivery that is caused by a Force Majeure Event or your failure to provide adequate delivery instructions or any other instructions that are relevant to the delivery or requested by the delivery carrier.
17.4 If you notify us that you wish to delay the delivery of your Products for any reason before they are despatched, we may at our discretion agree to store your Products for you but a storage fee may be payable, the amount of which may depend on the length of storage but we will inform you of such storage fee when you ask to delay delivery.
17.5 You will need to confirm you are available to accept delivery on the nominated day before we will despatch your Products to you. You may be required to sign for your Products upon delivery and if you are not available, this may result in your Products being returned to a local sorting office or warehouse awaiting your collection or being returned to us. If your Products are returned to us in these circumstances, you will be recharged the delivery costs which we will need to receive from you in full before we can attempt re-delivery.
17.6 The Products will be your responsibility from the completion of delivery. If you are a consumer, delivery will be completed when the Products come in to your physical possession or the physical possession of a person nominated by you to accept delivery on your behalf (Authorised Person). If you are not a consumer, delivery will be completed when we deliver the Products to the delivery address provided by you
17.7 You or your Authorised Person must sign for receipt of the Product(s) and which means you accept that the Product(s) has been received in good condition. If at the time of delivery you or your Authorised Person contends that the packaging has been opened or damaged or that seals have been broken or removed or that unpacked items are damaged, you or your Authorised Person must refuse to accept delivery and ask the delivery carrier to return the parcel to sender. We are unable to accept returns for damaged parcels if you or your Authorised Person sign for and accept delivery. If you or your Authorised Person refuses or are unavailable to take delivery or if delivery cannot be completed for any reason not due to the negligence of The Minted App or its carriers, then we may arrange for the Products to be placed in storage with a Storage Provider at The Minted App’s discretion’. All costs of storage will be borne by you and we shall assume no liability whatsoever (whether for negligence, loss, non-delivery, miss-delivery, theft or otherwise) to you in such circumstances except if there has been wilful misconduct by us in the storage arrangements.
17.8 We try to ensure only Products that we hold in stock are shown as ‘in stock’ on the Customer Platform, but we cannot guarantee the accuracy of this. If we do not have your Products in stock or if you have pre-ordered Products that have not yet been released, we will inform you of this and will deliver your Products as soon as reasonably practicable following receipt of the Products from our suppliers. Please be aware that we sometimes order Products from our suppliers in bulk. This means that if we do not have the Product(s) that you have ordered in stock, we may delay in ordering them from our suppliers until we have received a sufficient number of orders for the same Products from other customers to enable us to place a bulk order. Where you have placed an Order for second hand Products that we do not have in stock, we will be unable to supply the same to you until such Products become available on the market (if at all). In each of these circumstances, there may be a substantial delay to the delivery of the Products you have ordered (in some cases exceeding six months). If we are unable to meet the standard despatch times referred to in Conditions 17.1 and 17.2 or we consider that we may not be able to deliver your Products within 30 days of our acceptance of your Order, because they are out of stock, or due to any of the circumstances set out in this Condition 17.3, or due to any Force Majeure event (as defined in Condition 22), we will let you know as soon as possible (either when you place your Order or after this time using the contact details provided by you or via the Customer Platform) and will provide as much information to you as is reasonably possible in respect of an estimated despatch date.
18 Faulty Products
18.1 If we accept your Order and you are a consumer, we will be under a legal duty to supply Products that are in conformity with your Order as accepted by us and these Conditions. If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
18.2 If you consider that any Product is faulty or misdescribed, please notify us immediately. You must return such Products to us as soon as reasonably practicable in accordance with our reasonable instructions. You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. If you have returned any Products to us because they are faulty or misdescribed, we will inspect the Products and if found to be faulty, we will issue a replacement or refund the price of the Product in full.
18.3 We will process the refund due to you within 30 days of the day we confirmed to you via e-mail or the Customer Platform that you were entitled to a refund for the defective or misdescribed Product.
19 Limitation of Liability
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION.
19.1 This Condition 19 sets out the entire financial liability of The Minted App (including any liability for the acts or omissions of its employees, agents, consultants and sub-contractors) to the Customer in respect of:
i) any breach of a Contract;
ii) any failure to supply any Service or fulfil any Order hereunder;
iii) any representation, statement or tortuous act, or omission (including negligence) arising under or in connection with a Contract.
19.2 Nothing in these Conditions limits or excludes the liability of The Minted App:
i) for death or personal injury resulting from negligence; or
ii) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by The Minted App;
iii) any other liability which cannot be limited or excluded by applicable law.
19.3 The Minted App shall exercise due skill, diligence and care in the selection and appointing any Storage Provider and shall ensure that the Storage Provider is a reputable storage provided with appropriate expertise in the business of managing the receipt, storage and re-delivery of Gold according to best industry practice. The Minted App shall not otherwise be liable for the acts of the Storage Provider unless the selection of such Storage Provider was made negligently or in bad faith. The Storage Provider’s liability to The Minted App in respect of storage services may be limited under its terms and conditions and a copy of such terms and conditions will be given to a Customer on request.
19.4 All warranties, conditions and other terms implied by statute or common law and all non–contractual obligations, are to the fullest extent permitted by law excluded from these Conditions and any Contract between the Customer and The Minted App.
19.5Save as aforesaid, The Minted App shall under no circumstances be liable for loss of profits, loss of business, depletion of goodwill or other similar losses, or any other special, indirect consequential or pure economic loss, cost damages, charges or expenses or fall in the value of any precious metal or currency which arise out of, or in connection with, any Contract or these Conditions.
19.6 Without prejudice to any other provisions of this Agreement, The Minted App’s total liability in contract, tort (including negligence or breach of statutory issue), misrepresentation, restitution or otherwise arising or in connection with the performance of any contract or contemplated performances of any contract and/or these Conditions shall be limited to the value of the Customer’s Products purchased under each Product Contract from time to time together with the value of any cash balance held to the credit of the Customer’s E-wallet .
19.7 Any tax or duty liabilities or obligations attaching to any Products purchased will be yours, as Customer and owner of such Products. The Minted App shall bear no responsibility or liability for any tax or duty payable in respect of such Products.
19.8 You agree to indemnify The Minted App on demand against all or any direct or indirect taxes, duties, levies or the like payable by you in any jurisdiction in relation to any contract. This means that you must repay us if we are asked to make any such payment for you.
19.9 This Condition 19 shall survive cancellation or termination of the Contract.
20 Refunds
20.1 Refunds shall be in pounds sterling, regardless of whether you have made payment to us in another currency. As the exchange rate of foreign currencies fluctuates frequently, the amount of any refund will be the amount in pounds sterling received by us at the time that we exchanged the payment received from you to pounds sterling, after the payment of any exchange and other fees paid at the time of receipt to transfer your fees into pounds sterling. As such, you accept that you may get back an amount less than the equivalent amount that you would have received had your fee not been converted into pounds sterling and any relevant exchange fees paid by us.
21 Intellectual Property Rights
21.1 All Intellectual Property Rights in or arising out of or in connection with any Orders and the Customer Platform shall be owned by The Minted App.
22 Force Majeure
22.1 The Minted App shall have no liability to a Customer under these Conditions or under any Contract if it is prevented from, or delayed in performing, its obligations under the said Contract or these Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including (but without limitation) strikes, lock-outs or other industrial dispute (whether involving the workforce of The Minted App or any other party) or failure of a utility service or transport network, system failures, intermediary system outages, postal failure or losses (either of The Minted App or of any other party), act of God, pandemic, war, riot, civil commotion, malicious damage, compliance with any law of Governmental order, rule, regulation or direction, accident, breakdown of equipment, plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
22.2 If such Force Majeure event takes place that affects the performance of our obligations under these Conditions or any Contract, we will contact you as soon as reasonably possible to notify you and our obligations under these Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event. Where the Force Majeure event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure event is over.
23 Complaints Resolution
23.1 If you are dissatisfied in relation to the services being provided by us, you should contact us immediately in writing in the first instance. In particular, if you dispute, disagree with or have any issue with the content of any communication sent to you by email or by post in accordance with Condition 9 you must contact us immediately. We shall be entitled to assume your acceptance of the content of an email or postal communication if within three calendar days of the date of transmission to the correct email address or the date of service of such postal communication (as the case may be), no response from you has been received by us.
23.2 We shall use reasonable endeavours to resolve any issues communicated to it by you, but you acknowledge that any delay in communicating such dispute, disagreement or issue may prevent or reduce the value of any resolution of such matter.
23.3 We will use reasonable endeavours to deal with all Customer complaints in accordance with our Complaints Policy.
23.4 If a complaint relates to the provision by The Minted App of Payment Services or the issuance/redemption of E-Money, and if the Customer is not satisfied with The Minted App’s resolution of that complaint, the Customer may be entitled to refer the matter to the Financial Ombudsman Service (“FOS”). The FOS provides an out of court redress mechanism. You can find more information with regards to their processes, how to contact the FOS and how to bring a complaint on their website:www.financial-ombudsman.org.uk/consumer/complaints/htm.
24 Legal Status
24.1 By placing an Order with The Minted App in respect of any of the services, the Customer warrants, undertakes and represents that the Customer is:
i) legally capable of entering into binding contracts;
ii) at least 18 years old;
iii) in compliance and shall continue to comply with the laws of the territory from which you make any order or access the Customer Platform.
iv) at all times be solely responsible for obtaining any authorisation required by any authoritative body in the territory in which you are based.
24.2 The Minted App reserves the right at its sole discretion to refuse Orders from any person suspected to be prevented under the laws of any jurisdiction from transacting or whom The Minted App may not supply under the law of that jurisdiction, whether or not such law or impediment actually exists or might be enforceable or otherwise have extra-territorial effect.
25 Assignment and other dealings
25.1 The Minted App may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions.
25.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Conditions.
26 Severance
If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Condition 26 all not affect the validity and enforceability of the rest of the Conditions.
27 Waiver
A waiver of any right or remedy under these Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
28 No partnership or agency
Nothing in these Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
29 Entire agreement
29.1 These Conditions and any other terms or policy referenced herein constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
29.2 In the event that there is any ambiguity or inconsistency in or between these Conditions and any other terms or policy referenced herein, the priority of the documents is in accordance with the following sequence: these Conditions any other document identified in these Conditions, any of The Minted App’s other Policies or Procedures.
29.3 Each party acknowledges that it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
30 Third party rights
Unless it expressly states otherwise, these Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of contained herein.
31 Variation
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
32 Governing law
The Contract and these Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.However, nothing in these Conditions will override any mandatory laws of the country in which you have your usual place of residence or limit your legal rights to bring actions against us or to require proceedings take place in the country in which you have your usual place of residence.
33 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract, Conditions or its subject matter or formation.
[UH1]URL
[UH2]URL
[HS3]Bold to draw attention
[HS4]This could read as Minted owing someone money for the sale of their products - possible rewording?
[UH5]Is this the case for e-commerce transactions
[UH6]Hamzah, is this correct?
[HS7]Sounds like we offer this for sale now - this should be something that is updated and included once we actually start selling it - is currently misleading
[UH8]Hamzah is this list accurate?
[HS9]Bold
[UH10]URL
[UH11]Should this be via the Customer Platform
[UH12]Is this correct
[UH13]These are Chards terms, presumably we will apply the same?
[UH14]Is this correct?