General Terms and Conditions
General Terms and Conditions Contents
During the purchase process and as part of the purchase contract you unconditionally agree to the General Terms and Conditions in effect at the date of delivery of the order in particular to the articles 2, 7, 9, 11 and 12.
- Contractual partners
- Distance selling and e-commerce
- Conclusion of purchase contract
- Payment of purchase contract
- Execution of purchase contract
- Customer responsibility
- Anti-money laundering obligations
- Extraordinary events
- Governing law
1. Contractual partners
These General Terms and Conditions (GTC) apply to all purchase contracts that are concluded between the customer (“the customer” or “you”) and WH SelfInvest (“WHS” or “we”) by way of distance selling, e-commerce or otherwise. The customer, whether a private individual or a legal entity, must be domiciled in the European Union.
The purchase contract is concluded between you and WH SelfInvest S.A., Vitrum Building, Rue du Puits Romain 33, 2nd Floor, L-8070 Luxembourg-Bertrange, Luxembourg.
2. Distance selling and e-commerce
The price of the store products offered by WHS are subject to price fluctuations on financial markets over which we have no control. These price fluctuations can occur during the retraction period customers normally enjoy in distance selling and e-commerce. On the basis of a legal exemption for such products, customers therefore do not have the right to cancel their purchase. Every order is binding immediately upon receipt by WHS.
All products offered are limited in quantity. It is therefore possible that stocks run out for reasons beyond WHS’ control and which cannot be remedied
3. Conclusion of purchase contract
Our product display and sales presentation on whselfinvest.com or any other website does not constitute a binding offer. It is an invitation directed to prospective customers to make an offer on the products of interest.
All prices update automatically at one-minute intervals in line with precious metal spot prices. Our regular updates enable you to shop with confidence, secure in the knowledge that the price listed is the current rate for precious metals.
Once you submit an order by clicking the order button, you submit a binding offer. Prior to this, you can view and change your order at any time in the electronic shopping cart. In the event that we accept this offer, we will send you by e-mail an order confirmation cum payment request. You will also receive a copy of these general terms and conditions. The order confirmation provides a detailed breakdown of the amount you owe WHS, including shipping costs and optional insurance. It will be mailed promptly and no later than 48 hours after receipt of the offer.
WHS has the right to cancel the order confirmation. Circumstances which could lead to cancellation include but are not limited to inadvertent errors or omissions and deviations from the prevailing market price. The decision to cancel will be communicated to the customer within two weeks of discovering the error, omission or deviation. Any payment that has been made will be immediately refunded.
4. Payment of purchase contract
Payment must be made by the customer who placed the order. Payments made by a third party for an order not made by them will be rejected.
Payment must be made from a bank account in the customer’s name and held with a European Union bank. Payments in cash, payments by credit card and payments via a payment provider are not possible.
Payment must be received by WHS within five working days after dispatch of the order confirmation. The full amount (purchase price and any ancillary costs) must always be paid in advance. If payment is not received within five working days WHS has the right to immediately withdraw from the contract without obligation to provide a period of grace. If we exercise our right of withdrawal, we will deduct any loss of precious metal prices (calculated as the difference in price between the precious metal prices at the time of submitting your purchase offer and the precious metal prices at the time of withdrawal from the contract). In addition, we will charge you the cost of hedging related to your order. If payment is not received a flat rate of 75 € per unpaid order will be applied to cover the related administrative expenses. The collection of all unpaid orders will be passed to a collection agency. The actual costs of the collecting agency will be charged to the customer. By accepting these GTC, the customer expressly agrees to pay the full amount of the non-order-related payment charges described in this paragraph.
Until payment of the full amount of a particular delivery has been received, we retain title to the delivered goods in any case.
5. Execution of purchase contract
The customer will receive an e-mail confirming receipt of the payment. The delivery process is triggered at the same time. Delivery will be made by a third-party transport service appointed by WHS.
We only use trusted shipping companies with a proven track record. All orders are securely packaged and insured for safe delivery to your preferred address.
Upon receipt of payment, your order will normally be shipped within 1-2 business days. Bank transfers can take from 2 to 3 working days to clear. Shipping time frame for European deliveries:
- Standard: 2-3 working days (Mon-Fri)
- Express: 1-2 working days (Mon-Fri)
If we are unable to dispatch an order for reasons beyond our control, including but not limited to delays in delivery by a mint, delays in delivery by a supplier or force majeure, we will inform you as soon as possible. Whenever possible we will specify a new expected dispatch date. If the goods ordered continue to be not available by that updated dispatch date, both contracting parties are entitled to withdraw from the contract in consideration of the goods concerned. In this case, we will refund your payment immediately. The legal rights of the contracting parties remain unaffected.
Delivery is limited to European Union countries. The customer can request delivery to their domicile or to another address at which they are present during the day. If you request delivery to another address, included but not limited to, the address of your workplace you must include your name in the delivery address.
Delivery to a post office box, non-UPS packing stations or other third-party reception services is not possible.
Partial delivery of an order is not done and cannot be arranged.
Delivery is made during common delivery hours and on common delivery days. The transport service provider in charge of the delivery reserves the right to require you provide a valid identification document with portrait photograph at the moment of delivery. Two attempts to deliver the order will be made. Should delivery of the order fail for reasons beyond WHS’ control, we have the right to withdraw from the contract and refund the payment received from you. Actual incurred shipping costs will be deducted from the refund.
7. Customer responsibility
The customer recognizes that it is his responsibility to conform to all legislation in force in his location. Any import duties, tax liabilities or any other cost or obligations resulting from the purchase and the use of the products are the solely bourn by the customer.
8. Anti-money laundering obligations
Single orders above a certain size or a sequence of orders above a certain size require we execute our anti-money laundering obligations. By accepting these GTC, the customer expressly agrees to cooperate and to provide answers to a short questionnaire as well as any documents we require to meet our obligations. In the case of a private individual these documents include but may not be limited to a valid identification document such as a passport or and ID card and a proof of address. In the case of a legal identity these documents include but may not be limited to an extract of the register of commerce and the economic beneficiaries.
9. Extraordinary events
WHS cannot be held liable for any losses, direct or indirect in nature, due to events beyond WH’s control. Such events include but are not limited to government restrictions, court decisions, changes in market or exchange rules and regulations, war, riots, strikes, fire, floods, natural disasters, industrial disputes, power interruptions, theft, interruption of communication lines, hardware failure, and problems, interruptions and bankruptcy at third parties.
In the event that one of the clauses of these GTC is null and void by a change in legislation, regulation or court decision, this shall in no way affect the validity of and compliance with these general terms and conditions of sale.
These GTC may be amended or supplemented at any time, without notice, depending on changes to the website, changes in legislation or for any other reason deemed necessary. Only the updated version accessible online is deemed to be in force.
Customers agree it is their responsibility to familiarize themselves with the GTC and make all enquiries before making an offer.
12. Governing law
This agreement as well as the rights and obligations emanating from it, will be governed by the laws of the Grand Duchy of Luxembourg. You irrevocably submit to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg. WHS retains the right to take legal action against any client in any country and before any court should WHS deem it necessary to do so for its protection.