Welcome to www.buyinggold.ch (the Site ), a website managed by the company GOLD Business Time Sàrl, having its registered office at avenue de la Gare 39, 1260 Nyon, Switzerland ( GBT ).
1. Acceptance and modification of the Terms of Use
Your access to and use of the Site is governed by these terms of use (the Terms of Use ). By accessing, browsing and using the Site, you acknowledge that you have read, understood and unconditionally accept the Terms of Use, as amended from time to time.
If we decide to change our Terms of Use, we will post the new version on the Site. We therefore encourage you to regularly review these Terms of Use to be aware of any changes.
2. Access to the Site
By using the Site, you confirm that you are at least 18 years old and have full civil rights.
If you are using the Site or its features on behalf of a legal entity, you confirm that you are authorized to do so.
Only natural persons residing in Switzerland and legal entities having their registered office in Switzerland may order products on the Site. [BL1]
The equipment and hardware (computer, software, telecommunications means, etc.) necessary to access the Site are your sole responsibility, as are the telecommunications costs incurred by their use.
3. Copyright and Intellectual Property
The content of the Site and in particular, but not exclusively, the texts, brands, logos, graphics, photographs, videos, sounds, music, layouts, designs, know-how, technologies, products and processes, are the property of GBT or its affiliated companies or are used with the authorization of the owners and as such are protected by their copyright, trademarks or any other intellectual or industrial property rights recognized to them according to the laws in force.
Subject to what is provided in Article 4 below, no element of the Site may be interpreted as granting a license or a right to use an element presented on the Site.
4. Use of the Site
Subject to your compliance with these Terms of Use, and to the extent otherwise specified herein, you are granted a revocable, non-exclusive, non-transferable, and non-assignable license to access the Site and use its content for your personal, non-commercial use only.
You are thus authorized to download, present or print the content of the Site only for personal, non-commercial use, by memorizing and reproducing any copyright notice or any other intellectual property notice included in the information or any other material that you download. Any other use of the Site is prohibited, including in particular: (i) the use and/or access to the Site for purposes other than those provided for in these Terms of Use; (ii) the copying, reproduction, modification, adaptation, alteration of the Site and/or its content; (iii) the creation of derivative works of the Site or elements of the Site; (iv) access or attempt to access the source code of the Site, by using decompilation techniques, reverse engineering or any other means whatsoever; (v) the provision to third parties of all or part of the Site or of the content whose access is restricted.
You agree not to violate any legal standards or use the Site for any unlawful purpose; not to include any false, incomplete or inaccurate information; not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a harmful effect, intercept or counter any system, data or personal information.
GBT does not warrant that your use of any material on the Site will not infringe any third party rights.
5. Information considered non-confidential
All data and information that may identify you personally that you transmit via the Internet to the Site are protected and processed in accordance with our Privacy Policy [BL2] . We invite you to read this Privacy Policy carefully before entrusting us with your data and information that may identify you personally.
Any other information or material you communicate to GBT via the Internet, by e-mail or any other means, including dates, questions, comments, suggestions, ideas, graphics, etc., will not be treated as confidential or proprietary. Anything you transmit or upload will become the property of GBT and may be used without restriction for any purpose. Such material may include, but is not limited to, reproduction, disclosure, transmission, publication, broadcast and upload. Specifically, GBT will be free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any use of such information communicated by you will be without compensation to you or any third party.
By submitting information, you warrant that the content submitted is your property, is not defamatory, and that its use by GBT will not violate any third party rights. GBT will not be obligated to use the information submitted.
6. Disclaimer of Warranties
The photographs and texts presented for illustration and description of the products on the Site are non-contractual and given exclusively for information purposes. GBT cannot be held responsible for any errors or omissions occurring in the illustrations or texts displayed on the Site.
Without limiting the scope of Section 7 below, all materials, information and anything you find on the Site are provided “as is”, “as available”, and without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose. [GM3] [BL4]
GBT does not guarantee that the Site or its content will meet your expectations, that it will be uninterrupted, punctual, timely, secure or error-free.
Any advice or information obtained from GBT in written or oral form by or during the use of the services made available on the Site does not give rise to any guarantee which is not expressly mentioned in these Conditions of Use.
7. Limitation of Liability
You access, use and browse the Site at your own risk.
You acknowledge and accept that, to the fullest extent permitted by applicable regulations, GBT, its affiliates or the companies that participated in the creation, production or delivery of the Site, may not be held liable for direct, indirect, incidental damages, or compensation for moral prejudice, costs, losses, reduction in turnover or profits, or liabilities of any nature whatsoever (even if the occurrence of such prejudice was known or could have been foreseen by GBT), which may result from the use or, on the contrary, the inability to use the Site or its content.
Any use of materials downloaded or otherwise obtained through the use of the Site is at your own risk . GBT assumes no responsibility for any damage to or viruses that may affect your computer or computer equipment resulting from access to or use of the Site or downloading of materials from the Site or for illicit interventions in computer systems.
GBT reserves the right to interrupt or suspend all or any of the functions of the Site. GBT accepts no liability whatsoever for any interruption or suspension of all or any of the functions of the Site resulting from the actions or omissions of GBT or any third party.
8. Modification of information
The content of the Site may include inaccuracies or errors. GBT reserves the right, at any time and without notice, to modify, correct or improve said content but cannot be held responsible for these errors or inaccuracies.
9. Product availability
The Site may include information about GBT products not all of which will be available. A reference to a GBT product on the Site does not mean that it will be available in your specific case. In addition, please consult the General Conditions of Sale [BL5] on this subject.
Furthermore, the packaging and actual appearance of the products offered by GBT may differ from the images and descriptions appearing on the Site.
10. Links
As a service to our visitors, the Site may contain hyperlinks to other websites that are neither operated nor controlled by GBT. GBT cannot be held responsible for these sites and declines all responsibility for their content, legality, accuracy or function.
Any creation of hyperlinks to the Site is prohibited without the prior written consent of GBT.
11. Non-compliance
Without limiting the rights stipulated elsewhere, we reserve the right to refuse you access to the Site, or to refuse to supply the products presented there, in the event of non-compliance with these Conditions of Use.
12. Miscellaneous
These Terms of Use constitute the entire agreement between GBT and you regarding your access to and use of the Site and its content. Any other provisions set forth by GBT governing its relationship with you, including with respect to the purchase of a product and our Privacy Policy, supplement the Terms of Use. In the event of any conflict between them, the other provisions shall prevail.
If any provision of these Terms of Use is found to be invalid or unenforceable, the parties agree that the parties’ intentions as reflected in the invalid provision will be enforced to the greatest extent possible and the other provisions of the Terms of Use will remain in full force and effect.
Any tolerance or waiver by GBT, in the application of all or part of the clauses of these Conditions of Use, whatever their frequency and duration, cannot be considered a waiver of their enforcement.
The title of the articles of the Terms of Use is for convenience only and cannot alter or modify the conditions in any way.
13. Applicable law and jurisdiction
Swiss substantive law alone shall apply to these Terms of Use, excluding the United Nations Convention on Contracts for the International Sale of Goods and without regard to its conflict of laws provisions.
Any dispute or claim arising from or relating to the use of the Site shall be subject to the exclusive jurisdiction of the courts of Nyon, Switzerland, subject to any other mandatory jurisdiction.
[BL1] Please confirm.
[BL2] Provide a link to the Privacy Policy.
[GM3] We will be selling gold bars and coins, not necessarily all from the same bank, so the photos of the products displayed will not be contractual.
[BL4] In response to your comment, we have added the first paragraph which contains more appropriate wording. We can also leave the second paragraph for all useful purposes.
[BL5] Provide a link to the General Conditions of Sale.
