General terms and conditions of online purchase

1- Definitions.

+ «lyon.espace-gold-change.com»: relates to the company TRADING EL, whose registered office is situated at 50 Cours Franklin Roosevelt – 69006 LYON, registered with the Lyon Trade and Companies Register under number 531 970 366, trading under the name ESPACE GOLD CHANGE,

+ «Precious metals»: refers to all items sent by the Customer and ESPACE GOLD CHANGE

+ «Client»: means any natural person of legal age who is the owner of metal that is free from any encumbrance and has been acquired in accordance with the law, and who enters into a contract with ESPACE GOLD CHANGE.

+ «ESPACE GOLD CHANGE Kit»: refers to the equipment required by the Customer to send their metal to ESPACE GOLD CHANGE.

2- Corporate purpose.

ESPACE GOLD CHANGE specialises in buying gold and silver for recycling.

3- Scope of application.

These General Terms and Conditions apply to contracts for the purchase of gold and silver entered into between the Customer, acting as the «seller», and ESPACE GOLD CHANGE, acting as the ’buyer«.

The mere act of ordering the ESPACE GOLD CHANGE kit constitutes the Customer’s unconditional acceptance of these General Terms and Conditions of Purchase.

4- Prerequisites for use,

The Customer hereby declares to ESPACE GOLD CHANGE;

-That he/she is of full age and has full legal capacity.

- That he resides in France.

- That he is acting in a private capacity and not in a professional capacity.

- That he/she owns the property or is duly authorised to dispose of it.

- That the object is free of all rights.

- That the object does not result from an act contrary to conventions, laws and regulations.

- That the sale of the item is in no way illegal.

- That the sending, making available or transfer of the property does not constitute a money laundering operation under Articles 324-1 et seq. of the French Criminal Code.

5- Sending the goods.

5.1- Dispatch of the goods by the Customer.

The item must be sent by the Customer to the ESPACE GOLD CHANGE sorting centre, using only the duly completed ESPACE GOLD CHANGE kit, accompanied by the dispatch certificate and these signed General Terms and Conditions of Purchase, as well as a copy of the Customer’s valid identity card or passport, and proof of address dated within the last three months. The item must be sent by registered post with acknowledgement of receipt and declared value. The receipt issued by the Post Office at the time of posting must be retained as proof in the event of any claims. To avoid any disputes regarding the delivery of the items, it is advisable to photograph them before posting. Should the Customer accept the offer made by ESPACE GOLD CHANGE, the postage costs will be reimbursed. ESPACE GOLD CHANGE reserves the right to refuse kits that are, in particular, damaged, opened or have been tampered with during transit. In such cases, the kit will be returned to the Customer without ESPACE GOLD CHANGE being held liable.

5.2- Compensation in the event of loss of the Property.

In the event that the good sent, in accordance with the provisions of article 5.1 above, is lost during shipment, the Customer may request compensation from Post for the proven loss, up to the declared value.

6- Appraisal and valuation of the metal.

Upon receipt of the item, ESPACE GOLD CHANGE will carry out an assessment using all available means.

The Customer acknowledges that this appraisal may require the use of acids on the item, so that the original condition of the metal cannot be guaranteed if the Customer does not accept the offer. The Customer acknowledges that the appraisal of the metal may require the denaturing of the product, in particular the dissociation of the various materials making up the metal.
the product in question. In any event, ESPACE GOLD CHANGE cannot be held liable.

7- Formation of the contract.

By sending their items to ESPACE GOLD CHANGE, the Customer is making a binding offer to sell the item sent. Following an appraisal and valuation of the item, ESPACE GOLD CHANGE will decide whether it wishes to purchase the item at the price determined by the valuation. The seller will be informed of this decision by post, email or telephone. Following the Customer’s acceptance, RAFY
GOLD shall pay the price in accordance with the terms set out in Article 10 below. The date on which ESPACE GOLD CHANGE sends the notification of acceptance shall be deemed to be the date on which the contract is formed.

8- Transfer of ownership.

The transfer of ownership takes place on the date of formation of the contract as indicated in article 7.

9- Pricing.

The price of the item is determined according to its weight, the number of carats in the gold and its price at the time of valuation.

10- Terms of payment.

ESPACE GOLD CHANGE will notify the Customer of the price. Once the transaction has been accepted by the Customer, ESPACE GOLD CHANGE will make payment by cheque or bank transfer,

11- Withdrawal/Resolution.

In accordance with Article R. 224-7, in order to exercise his right of withdrawal under Article L. 224-99, the consumer-vendor :
- Hand-deliver to the professional the detachable form or any other unambiguous statement expressing its to withdraw from the contract, no later than 48 hours from the date and time the contract was signed; ;
- Or send the professional this form or any other declaration without ambiguity expressing their wish to withdraw, by a means that provides proof of the date and time of dispatch, no later than 48 hours from the date and time of signing the contract.

If the 48-hour period normally expires on a Saturday, Sunday or public holiday, it is extended until the next working day at the same time.
Sending or handing over the form to the trader within the specified time limit will result in the cancellation of the purchase. Otherwise, the contract is definitively concluded.

Reminder: In accordance with the second paragraph of article L. 224-99, the exercise of the right of withdrawal terminates the obligations of the parties.
The consumer must then refund the price received to the trader and, in return, the trader must return the purchased item(s) to the consumer. If the trader fails to return the purchased item(s), they shall pay the consumer a sum equivalent to twice the sale price received for the purchased item(s).

In accordance with the third paragraph of the same article, the consumer-vendor shall does not have a right of withdrawal for investment gold transactions.

12- Return of Goods.

If the item sent does not contain any precious metals, the Customer has a period of ten (10) days from the date ESPACE GOLD CHANGE sends its reply to request that the item be returned. If a request for return is made within the aforementioned period, the item will be returned to the Customer within ten (10) days of the date of the request. In the event of the item being returned, ESPACE GOLD CHANGE shall, at its sole discretion, select the carrier responsible for returning the item. ESPACE GOLD CHANGE shall also, at its sole discretion, determine the terms of insurance cover for the item during transit and the procedure for receiving the item. In this regard, the amount of insurance cover chosen by ESPACE GOLD CHANGE shall not exceed the value of the goods as estimated by ESPACE GOLD CHANGE. Upon return, the risk of any loss or damage is transferred to the Customer as soon as the goods are handed over to the carrier. The Customer undertakes to check the integrity, weight and quantity of the goods upon receipt. The Customer undertakes, upon receipt, to inspect the packaging and to notify ESPACE GOLD CHANGE of any damage. If the Customer fails to fulfil these obligations within ten (10) days of receipt, the return shall be deemed to have been accepted. In any event, the return costs shall be invoiced to the Customer, who must settle them without delay.

13- Liability.

ESPACE GOLD CHANGE cannot be held liable for:

– In the event of loss or damage to property that ESPACE GOLD CHANGE does not offer to purchase.

- In the event of damage resulting from expertise.

ESPACE GOLD CHANGE shall only be held liable in the event of a failure to fulfil its obligations. In the event that ESPACE GOLD CHANGE is found liable, the Customer agrees that any compensation awarded shall not exceed the value corresponding to the weight of the precious metals comprising the item in its raw form.

14- Modification of the General Terms and Conditions.

ESPACE GOLD CHANGE reserves the right to amend these Terms and Conditions.

The Customer remains bound by the General Terms and Conditions in force at the time of sending their goods to ESPACE GOLD CHANGE.

15- Taxes.

Sales of gold and precious metals are subject to a tax of 7.5% of the sale price, as well as the Social Debt Repayment Contribution, which amounts to 0.5% if the seller is resident in France. ESPACE GOLD CHANGE undertakes to pay this amount to the State on behalf of the Customer. The Customer is therefore exempt from any tax claims and has no reason to make any further payment from the sum they will receive from ESPACE GOLD CHANGE. However, this tax is not
applicable to jewellery and collectors' coins dating from before 1800.

16- Hazardous materials.
The Customer undertakes not to send any hazardous materials to ESPACE GOLD CHANGE.

17- Applicable law/ Disputes. :
French law shall be the sole law applicable to these General Terms and Conditions and to any contracts entered into between the Customer and ESPACE GOLD CHANGE. Any dispute that cannot be settled amicably shall be referred to the courts, the jurisdiction of which shall be determined in accordance with the rules of ordinary law.