Terms and conditions
These Terms of Use govern the conditions and rules applicable to the operation of the website bullion79.com by Oceanic World Air LLC, 2123 University Pkwy, unit 104A, Sarasota, FL 34243, USA (“Operator”).
Section 1 – Sale to a customer (“Customer”)
1. Operator conducts the sale of new and used precious metal investment products such as gold, silver and platinum. Operator also conducts the sale of accessories and literature associated with precious metals.
2. The website allows Customer to purchase the aforementioned goods, as well as to undertake future resale of them to Operator.
3. Customer’s orders are accepted via the website. The contract of sale is considered concluded at the moment in which monies for goods ordered are credited to Operator’s account.
4. The currency applicable in respect of prices of goods and settlements between Operator and Customer is Bitcoin (BTC).
5. Operator may refuse to release goods purchased by Customer and retract from the contract in the event the Operator is unable to provide contractual consideration as a result of circumstances for which Operator bears no responsibility, including but not limited to:
a. a crash on the bitcoin exchange market or a crash in the precious metals market and unavailability of products containing such metals
b. cancellation by another customer of the sale of consigned goods and necessity of withdrawing them from sale
c. malfunction of computer equipment resulting in improper processing of the order
d. reasonable suspicion of criminal activity
e. acts of God
6. In the event such a situation occurs as described in section 1 article 5, Operator is obliged to refund without undue delay monies transferred by Customer to Operator, in no event not later than within three days, by way of bitcoin transfer to an account indicated by Customer.
7. Operator reserves the right to make changes to prices so as to reflect current market prices for precious metals, fluctuations in the exchange rate of Bitcoin versus other currencies, changes in tax rates and other factors. Operator may also withdraw products from sale without prior notice. Goods purchased and paid for are not subject to price changes.
8. Customer is obliged to make payment for products ordered without undue delay. In the event of failure to make payment by the end of the working day following the day on which an order is placed, there will be no contract in force between Operator and Customer, and Operator shall be under no obligation to provide consideration to Customer, including but not limited to releasing the ordered goods.
9. Sale in the European Union is subject to VAT pursuant to European regulations concerning VAT, subject to current rates.
10. Purchased goods are sent without undue delay upon receipt of payment, not later than within 12 working days.
11. Delivery is performed in one of the forms offered on Operator’s webpage as chosen by Customer, who bears the costs of such. Operator does not allow Customer to take receipt of goods in person.
12. Insurance on parcels is subject to regulations of the forwarding company.
13. Customer is not permitted to return goods being legal tender, nor used goods. Customer may deliver goods to Operator for sale pursuant to the conditions set forth in Section 2. The provisions of these Terms of Use are in conformance with the provisions of statutes governing consumer protection.
Section 2 – Resale by Customer
1. Customer may employ Operator to undertake the sale of his goods (consignment) upon fulfillment of the following conditions:
a. the goods are not destroyed, damaged or falsified
b. the seller is of legal age and has full legal capacity or is represented by a legal guardian
c. the goods were acquired in compliance with all legal regulations, and are not subject to lien nor any other claims by third parties
d. Customer accepts the provisions of these Terms of Use
e. the transaction violates no legal provisions in force in Germany and the European Union
f. Customer delivers goods at his expense to the Operator’s logistics center: Oceanic World Air LLC, 2123 University Pkwy, unit 104A, Sarasota, FL 34243, USA Telephone number +1 229 999 8877
2. Operator may refuse to take receipt of Customer’s goods if he suspects that the provisions in Section 2(1) have been violated.
3. Upon receipt of goods Operator shall inform Customer as to appraisal of the goods received. The seller shall receive a maximum of 97% of the price of such goods as on the website (coins in mint condition) or 95% of the value of the bullion content (for scrap precious metals). In the event of damaged goods the price will be lower.
4. Upon acceptance of the appraisal by Customer, payment shall be made immediately in Bitcoin.
5. Upon rejection of the appraisal goods are returned without undue delay at Operator’s expense.
6. If goods received do not fulfill the conditions set forth in Section 2(1), they shall be returned at Customer’s expense.
7. In view of the fact that goods sold to Operator consist of objects constituting legal tender, the prices of which are subject to constant fluctuations, all sales are final and Customer has no right to rescind such a transaction.
8. Customer is responsible for conformance with all tax regulations applicable to him concerning income from monies received.
Section 3 – final provisions
1. Customers’ personal data are protected by Operator with due care, pursuant to regulations in force in Germany and the European Union. No data shall be transferred to other entities excepting in the event of lawful demands by public authorities.
2. Claims may be submitted in writing, by telephone or by electronic correspondence within seven days of receipt of goods or of receipt of payment for goods sold. The provisions of these Terms of Use are in conformance with the provisions of statutes governing consumer protection in force in Germany and the European Union.
3. Claims shall be reviewed within seven days. Customer shall receive written notification of Operator’s decision.
4. The location of transactions and conclusion of contracts shall be Operator’s seat.
5. Disputes shall be heard by the court applicable for Operator’s seat.
6. Acceptance of these Terms of Use is a condition of use of this webpage. It is assumed that Customers accessing the website are familiar with and accept these Terms of Use.
7. These Terms of Use take effect on 1 February 2013 and shall remain in effect until further notice.
8. Operator reserves the right to make changes to these Terms of Use and the price list without Customer’s consent and with immediate effect. Operator shall publish changes to these Terms of Use and price list on the website. In the event of changes to these Terms of Use after submission of an order by Customer, the regulations in Section 1(4) and 1(5) shall apply appropriately.
9. If Customer has been personally informed by Operator in writing, by telephone or by electronic correspondence of changes to these Terms of Use and/or price list, Customer shall be bound by them from the moment in which he could access their content, unless he submits without delay a declaration of intent to withdraw from the contract. In the event of withdrawal from a contract pursuant to the aforementioned conditions, Customer shall incur no loss as a result.
10. This website and all parts of it, including these Terms of Use, are the property of Operator and are protected under intellectual property regulations. It is forbidden to copy, excerpt or process the website without the express written consent of Operator.
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