General terms and conditions De Goudwaag
Article 1 - Definitions
- De Goudwaag: The user of these general terms and conditions, based in The Hague, at Van Hoytemastraat 113, 2596 EP The Hague, telephone 070-324 32 69, registered with the Chamber of Commerce under number 53561082.
- Seller: the supplier of reusable and/or recyclable goods, the consumer, or the natural or legal person, acting in the course of a profession or business, with whom De Goudwaag has concluded an agreement.
Article 2 - Applicability of these general terms and conditions
- These terms and conditions apply to all agreements regarding the purchase of precious metals by De Goudwaag and the seller. By using the services, the seller agrees to the terms and conditions as set out below.
- The provisions of these general terms and conditions may only be deviated from in writing.
Article 3 - Conditions to be met by the seller
To enter into an agreement with De Goudwaag, the seller must meet the following conditions:
- The seller is at least 18 years old, and has legal capacity
- The seller shows valid identification
- The seller is entitled to sell the offered material
- The material must not be encumbered with third-party rights such as lien, usufruct, among others. Nor must the material be the subject of a claim or dispute.
- The seller has obtained the material lawfully, not resulting from operations contrary to legal regulations, in particular criminal activities or related operations. Nor does the seller intend any criminal act by selling the material.
- The seller guarantees that the transfer will not result in De Goudwaag acting contrary to law, such as money laundering.
- Seller guarantees that the precious metals offered are genuine, and indemnifies De Goudwaag against all claims and damages that may arise if investigation by De Goudwaag reveals that the precious metals offered do not possess the authenticity indicated by Seller.
Article 4 - Valuation
- When the seller offers gold for sale or valuation, De Goudwaag's expert will determine the value of its materials. For this purpose, the material is weighed on calibrated scales. The gold is tested with a special test water, establishing authenticity and the number of carats. The current value is then determined based on the gold rate, and a price is offered to the seller.
- When the seller presents his materials to De Goudwaag for valuation, the seller automatically agrees that De Goudwaag may apply certain acids to his precious metals for the purpose of valuation.
- Sometimes it is necessary for De Goudwaag to permanently damage the precious metals offered in order to be able to carry out a proper valuation. In that case, Seller will be notified verbally in advance on site. In that case, valuation will only be carried out after prior verbal consent by Seller.
- De Goudwaag cannot be held liable for the damage mentioned in paragraph 3 in case the seller decides to keep its material.
- If an offered jewellery contains gemstones that De Goudwaag cannot buy, and the seller wishes to keep them, De Goudwaag can detach the gemstones for the seller so that he can take them back with him. De Goudwaag is not liable for any damage caused in this process.
Article 5 - Acceptance of the bid and right of cancellation
- Based on the valuation, De Goudwaag makes the seller an offer. When the seller accepts the bid, De Goudwaag proceeds with payment.
- After acceptance of the offer, the contract is final, and the buyer cannot demand materials back.
- The right of withdrawal does not exist because the determined purchase price depends on exchange rate fluctuations.
- De Goudwaag shall be entitled to rescind the agreement if, after conclusion of the agreement, the items sold by the Seller turn out not to be made of precious metal or turn out to have a lower gold content than thought upon purchase.
Article 6 - Payment
- After De Goudwaag and Seller have agreed that the bid has been accepted, De Goudwaag shall immediately proceed with payment of the agreed amount. Such payment shall be made in cash or by bank transfer.
- With every payment resulting from De Goudwaag's purchase from Seller, the personal and transaction details shall be recorded in a purchase register. This purchase register will be handed over to the competent authorities if required by law.
- Any inaccuracies or incompleteness in the payment details provided by the customer must be notified to De Goudwaag in writing and clearly legible without delay. Payments to an incorrect natural person or legal entity must first be returned to De Goudwaag before they can be paid out to the correct natural person or legal entity.
Article 7 - Liability and damages
- The parties are liable to each other for damages resulting from intent or gross negligence in the performance of their obligations.
- Under no circumstances shall De Goudwaag be liable to the Seller for indirect or consequential damages, including loss of profit or losses incurred, even if such damages were reasonably foreseeable to De Goudwaag. The limitation of liability applies equally to employees, workers, appraisers and all other persons used by De Goudwaag for the procurement of precious metals.
- Liability of De Goudwaag is in all cases limited to the assessed value of the precious metals offered.
- Seller shall indemnify De Goudwaag against all third-party claims.
Article 8 - Force majeure
- De Goudwaag is entitled to suspend performance of the agreement if it is impeded from doing so due to a circumstance that is not attributable to its fault, nor for its account under the law, legal act or generally accepted practice.
- De Goudwaag shall notify the Seller of the force majeure situation as soon as possible.
- De Goudwaag is not liable to pay compensation for any loss arising as a result of force majeure.
Article 9 - Modification of general terms and conditions
De Goudwaag reserves the right to amend the general terms and conditions. If certain provisions of these general terms and conditions are or become invalid in whole or in part, the remaining provisions or part of a provision shall remain valid.
Article 10 - Final provisions
- These General Terms and Conditions are published on De Goudwaag's website. A copy of these terms and conditions can be sent free of charge upon request.
- The parties will only resort to court after they have made every effort to settle a dispute by mutual agreement.
- This agreement is governed by Dutch law, and the District Court of The Hague shall have jurisdiction over any dispute.