Terms and Conditions - Storage

In this document, unless the context otherwise requires, the following words and expressions shall have the following meanings:

Event Outside Our Control	is defined in clause 15.2;
Application	your application for the Service as set out on our website www.hattongardenmetals.com
Services	the services that we are providing to you as set out in our website concerning, but not limited to, the provision of fully insured precious metals storage.
Terms	the terms and conditions set out in this document;
We/Our/Us	Hatton Garden Metals Ltd. Company Number: 6426684. Trading at Business Address: HGM, 11 St Cross St, Hatton Garden, London EC1N 8UB.

1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail unless we state otherwise.

These are the terms and condition in which we supply services to you.

Please ensure that you read these terms carefully, and check that the details in the application and in

these terms are complete and accurate, before you accept these terms.

When you accept the terms in the application to us, this does not mean we have accepted your application for services. Our acceptance of the application will take place as described in clause 2.4. If we are unable to supply, you with the services, we will inform you of this and we will not process the application.

2.1 These terms will become binding to you and us when we issue you with a written acceptance of your application, at which point a contract will come into existence between you and us.

2.2 If any of these terms conflict with any terms of the application, the application will take priority.

2.3 We will make every effort to process the application. and provide the services, however, there may be delays due to an 'event outside our control'. See clause 16 for our responsibilities when an 'event outside our control' happens.

3.I We may revise these terms from time to time.

3.2 If we have to revise these Terms under clause 3.1. we will give you at least 30 day's notice of any changes to these terms before they take effect via our website and notices provided in our London, Hatton Garden store as setting out our reasons for such changes, for example, changes in relevant laws and regulatory requirements, changes in our fraud and crime prevention procedures, changes to our systems, technology, or access procedure, among other things. You can choose to cancel the contract in accordance with clause 16 if you are not happy with our changes.

3.3 You may make a change to your application for services at any time before the start date of the services by contacting us. Where this means a change in the total change, a new price of the services may apply, for example if you decide to store more precious metals, we will notify you of the amended price in writing. The services will not be provided to you until we have received the amended payment in full. You can choose to cancel the application in accordance with clause 6.1 if you do not accept the amended price.

3.4 If you wish to cancel an application before it has been granted, please see your right to do so in clause 16.

4.1 We will supply the services to you from the date agreed between with no agreed end date.

4.2 Thereafter the agreement will not automatically Expire as there is no expiry date. We do reserve the right to cancel our contract with 30 days' notice.

5. We will supply the Services to you from the date agreed between Us in writing for no explicit end date as outlined in writing between us.

5.2 We will make every effort to process the Application and provide the Services, however, there may be delays due to on Event Outside Our Control. See clause 15 for Our responsibilities when an Event Outside Our Control happens.

5.3 We will require certain information from you in order to provide the Services and undertake Our money laundering and credit reference checks. We will notify you of what information is required. If you fail to provide Us with the requested information, or you provide Us with incomplete incorrect or false information, We may make on additional charge of a reasonable sum to cover any extra work that is required to process your application, or We may suspend our storage contract by giving you written notice.

5.4   We will not be liable for any delay or non-performance where you have not provided the requested information to Us. Please also refer to clauses 16 (Our Rights to Cancel and the Applicable Refund) and 20 (Credit Checks and Preventing Fraud and Crime).

5.5   We may have to suspend your access to your online storage account if we have to deal with technical problems. We will contact you to let you know in advance when your access will be suspended so that scheduled repairs can take place. If the problem is urgent or an emergency, We will contact you via email with updates and to let you know when access will resume. 

5.6 If you do not pay Us for the Services or any other fees or charges as set out or referred to in these Terms, when you are supposed to as set out in clause 4, We may suspend your storage services with immediate effect until you have paid Us the outstanding amounts. If we are unable to get hold of you after 30 days of trying to contact you, your precious metals could be sold on the daily market rate of gold at 97%+ and our outstanding bill will be reclaimed before the balance is transferred to the linked bank account we hold for you.

6.1 We will contact you approximately one calendar month before the expiry date or termination of the services via the email address that you have provided to us unless you hove specified a preferential form of contact.

6.2 You must pay the applicable fee for storage monthly to avoid paying any excess charges.

6.3 If you do not wish to renew or extend the services, you must ensure that your items are collected from us or arrange for us to securely return your items to you, or if you would like to sell your items, you can instruct a metal sale straight from your storage account.  

6.4 If your storage fees remain unpaid for over 30 days, we reserve the right to recover these fees from the metal you have stored with us. However, this action will only be taken after multiple attempts to contact you during the 30-day period. We will reclaim only the storage fees owed, and any remaining monetary balance will be sent to the linked Bank account we have for you.

6.5 We reserve the right to remove any discounts from storage at any time with 30 day's notice.

6.6 If the value of the items in your storage do not amount to the sums you owe to us, we reserve the right to bring a claim against you to recover the outstanding sums through the courts.

7.1 In the unlikely event that there is any defect with the services:

7.1.1 please contact us and tell us as soon as reasonably possible;

7.1.2 please give us a reasonable opportunity to repair or fix any defect; and we will investigate the defect as quickly as possible. Following our investigation, we will inform you of the outcome and appropriate resolution.

7.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing In these terms will affect these legal rights.

7.3 In the unlikely event that we have not corrected or resolved a default with the services to your satisfaction. you may then refer your complaint to the Buy With Confidence, Trading Standards Approved Scheme.

7.4 You can contact them via their website; https://www.buywithconfidence.gov.uk/make-a-complaint

7.5 If you do raise a complaint with Buy With Confidence, your right to take legal action will not be affected.

8.1 The price for the services is in our price list (which is in force at the time we confirm your application). Our prices may change at any time, but price changes will not affect applications that we have accepted. Any price changes will take affect with at least 30 days' notice.

8.2 Our prices include VAT, unless we tell you otherwise.

8.3 Where we are providing services to you, we will ask you to set up a Direct Debit for a variable amount dependent on the average value of your metal holdings over the month, for which are set out in the application. We will not approve your application as set out in clause 2.4. until we are in receipt a fully set up Direct Debit facility. Your rights to a refund on cancellation are set out in clause 16.

9.1 If the application is made in the names of two customers jointly, you will both need to satisfy the criteria set out in these terms. Should one of you not comply with these terms, you authorise us to be able to take action against either of you or both of you as we feel is appropriate.

9.2 You authorize us to be able to communicate with and accept instructions from any of the joint customers and we accept no liability for the removal of items or sale of metals from your storage account by either of you without the permission of the other.

10.1 You are not able to access your storage account in person. Our Vaults can only be accessed by authorized personnel such as HGM employees.

10.2 To set up your account you will be asked for Government issued photo identification, such as your passport or driving licence if requested. Our staff will then verify your identity (using the information and data that you provide to us as part of your application). Once your identification has been confirmed and your Direct Debit details have been set up (8.3) you will be able to use your metals storage account.

10.3 Your metals assets can only be withdrawn by yourself or people who have the necessary clearance and access information. If you would like to grant someone else to collect your items on your behalf, we will need their contact details and they must undergo our money laundering and credit checks. Both they and you will also need to sign on additional application form to confirm and approve that they have permission to collect your stored items.

You may only store precious metals that you have purchased from us and for which you have not yet taken receipt of the items.

11.1 You are the legal owner of all items stored in storage, and they belong to you.

12.l While your items are stored with us, they are fully insured against their value based on the daily metal price provided there are no outstanding storage fees which are 30 days or older.

12.l .1 Once you collect your items from our store, or accept delivery they are no longer insured by Us.

13.1 In the extremely rare event of any loss, theft, or damage to item(s) stored with us, we are committed to resolving the issue to the best of our ability. Upon acceptance of a claim, we will collaborate with our subcontractors to either replace your item(s) or offer an alternative of equivalent precious metal value, as mutually agreed upon by Hatton Garden Metals and the legal owner. We reserve the right to replace the actual precious metals content of your items rather than providing a pay-out for their value. Please be aware that our maximum liability will not exceed the current value of your precious metals bullion item(s) on the next business day following notification of any loss, theft, or damage.

13.2 By accepting our terms and conditions, you agree to transfer the responsibility and insurable interest of the goods held in storage to Hatton Garden Metals. This transfer does not affect the ownership of the items, which will remain the legal property of the customer while stored.

14.l If we fail to comply with these terms. we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered this contract.

14.2 We are only supplying you with the services for private use. You agree not to use the services for any commercial business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3 We do not exclude or limit in any way for our liability for: 14.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.

14.3.2 fraud or fraudulent misrepresentation

14.3.3 breach of the terms implied by section 2 of the 'Supply of Goods and Services Act 1982' (lille and quiet possession);

14.3.4 breach of the terms Implied by sections 3, 4 and 5 of the 'Supply of Goods and Services Act 1982' (description, satisfactory quality, fitness for purpose and samples); and

14.3.5 defective products under the 'Consumer Protection Act 1987'.

15.1 The Company shall not be in breach of the Agreement nor be liable for delay in performing or failure to perform, any of its obligations under our Service Agreement if such delay, result from events. circumstances or causes beyond its reasonable control.

15.2 An 'event outside our confront means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot. invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion. storm. flood, earthquake. subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

15.3 If an 'event outside our control' takes place that affects the performance of our obligations under these Terms:

15.3.1 we will contact you as soon as reasonably possible to notify you; and

15.3.2 our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the 'event outside our control'. Where the 'event outside our control' affects our performance of services to you, we will restart the services as soon as reasonably possible after the 'event outside our control' is over.

15.4 You may cancel the contract if on 'event outside. our control' takes place and you no longer wish us to provide the services. Please see your cancelation rights under clause 16. We will only cancel the contract if the 'event outside our control' continues for longer than 2 weeks in accordance with our cancellation rights in clause

16.1 Before we begin to provide the services, you have the following rights to cancel an application for the services. including where you choose to cancel because we ore affected by on 'event outside our control' or if we change these terms under clause 3.1, where such change is to your material disadvantage:

16.1.l You may cancel any application or services at any time before the start date of the services by contacting us. We will confirm your cancellation in writing to you.

16.1.2    If you cancel on application under clause 15.l. and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

16.1.3 However, if you cancel an application for services under clause 15.1.1and we have already processed and approved your application, you will pay us any costs we reasonably incurred and this charge will be deducted from any refund that is due to you or, if no refund is due to you, we will invoice you. We will tell you what these costs are when you contact us. However, where you have cancelled on application because of our failure to comply with these terms (except where we hove been affected by on 'event outside our control'), you do not have to make any payment to us.

16.2 Once we have begun to provide the services to you, you may cancel the contract for the services at any time by providing us with notice in writing. Any advance payment you have made for services that have not been provided will be refunded to you.

16.3 Once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if we:

16.3.1 break this contract in any material way and we do not correct or fix the situation within 21 days of you asking us to in writing.

16.3.2 go into liquidation or a receiver or an administrator is appointed over our assets.

16.3.3 change these terms under clause 3.1 to your material disadvantage.

16.3.4 are affected by an 'event outside our control'.

17.1 We may have to cancel your application before the start date of the services due to on 'event outside our control' or the unavailability of key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.

17.2 If we have to cancel your application under clause

16.1 and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

17.3 Where we have already started processing your application by the time we have to cancel under clause I6. I we will not charge you anything and you will not have to make any payment to us.

17.4 Once we have begun to provide the services to you. we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

17.5 We may cancel the contract for services at any time with immediate effect by giving you written notice if:

17.5.1 you do not pay us when you are supposed to as set out in clause 6.3; or

17.5.2 you break the contract in any other material way, and you do not correct or fix the situation within 14 days of us asking you to in writing.

18.1 We are a private limited company registered in England and Wales. Our company registration number is 6426684 and our registered office is at 11 St Cross Street, Hatton Garden, London EC1N 8UB. VAT number is 926188305.

18.2 If you have any questions about our Company, or you would like further information, or if you have any complaints, please contact us. You can contact us by telephoning our customer service team on 0207 404 4000 or by e-mailing us at [email protected] You can also find out more about our company from the Companies House public record.

18.3 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail. by hand, or by pre-paid post to HGM, 11 St Cross Street, Hatton Garden, London EC1N 8UB " and [email protected]. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand or by pre-paid post to the address you provide to us in your application.

19.1 It is our legal obligation to keep your personal information private and confidential and we will take appropriate measures to ensure that your personal information is processed securely and confidentially.

19.2 We will use the personal information you provide to us to:

I9.2.l provide the services:

19.2.2 process any payments for such services.

19.2.3 investigate and respond to any complaint or enquiry that you have.

19.2.4 carry out money laundering and credit reference checks:

19.2.5 collect any debts which you owe to us.

19.2.6 comply with any request for information from. or to assist with any investigation by the UK Financial Services Authority, HMRevenue and Customs or any other authority.

19.2.7 comply with any request for information from, or to assist with any investigation by any authority relating to fraud, crime and terrorism;

19.2.8 comply with any legal or public interest requirements;

19.2.9 assess any insurance risks: and

19.2.1 inform you about similar products or services that we provide and those provided by third parties which we believe may be of interest to you. You may stop receiving these of any time by contacting us.

19.3 You must not provide us with any personal information about anyone else, unless you have their express permission to do so.

19.4 We will contact you using the contact information that you provided to us in your application. We will always attempt to contact you by email first and then by telephone and post.

19.5 You must inform us if your contact details or personal information change. We will keep a record of your updated information on our system. It is your responsibility to ensure that we have the most up to date and correct information, however, we may ask for you to confirm your personal information ls correct from time to time. You have a right. under data protection laws. to make a written request for a copy of certain personal information that we hold about you. We will inform you when this is available and we reserve the right to make an administration charge of £10 for the provision of such information.

20.1 As part of the application, we undertake money laundering and credit checks, with the appropriate agencies to cases in the prevention of fraud, crime and terrorism.

20.2   By submitting your application to us, you consent to us undertaking the relevant money laundering and credit checks with the appropriate agencies and to us shoring your personal information with them. Please refer to clause 18 above.

20.3 If you provide inaccurate or false information to us, o negative result is returned by any of our agencies, or we suspect fraudulent, criminal or terrorism related activity, we reserve the right not to accept your application and we may pass your information to the relevant authorities and agencies and take any action we consider appropriate to meet our legal obligations relating to fraud, crime or terrorism prevention. Please refer to clause 17 above.

20.4 Please contact us if you would like to know which agency has carried out a money laundering and/or a credit check using your personal information. If you require any information from the agencies, they may charge you a fee to obtain it.

20.5 We and/or other authorities and agencies may access your personal information to prevent fraud. crime and terrorism and we will comply with any such requests and investigations undertaken by the relevant authorities and agencies to meet our legal obligations.

21.1 We may transfer our rights and obligations under these Terms to another organisation who we reasonably believe will treat you fairly and who is capable of performing our obligations under these terms, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.

21.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

21.3 This contract Is between you {the named Primary Account Holder) and us. No other person shall have any rights to enforce any of its terms.

21.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful. the remaining paragraphs will remain in full force and effect.

21.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing. and that will not mean that we will automatically waive any other default by you.

21.6 These terms are governed by English low. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.