NO FINANCIAL ADVICE
Please note that the Information on this website is for educational purposes only and does not constitute financial advice. The information on the website should not be used to make financial decisions without consulting competent financial advisors and professional brokers. You understand that you are using the information on this website at your own risk. EO&E.
Delivery of Pre-launch and Launch Products
Newly launched products may not be available for delivery when purchased online or from any of our stores. These products will be delivered as soon as they are available.
WEBSITE TERMS & CONDITIONS
The ‘Gold Group’ consists of a number of divisions involved in the buying and selling, importing and exporting, wholesaling, trading and retailing of gold coins. The Scoin Shop and The South African Gold Coin Exchange trades in Krugerrands, local and foreign coins, medallions, coin jewellery, modern and old coins, collectable coins and numismatic items. The Scoin Shop, the retail division of The South African Gold Coin Exchange, currently operates in South Africa.
USE OF SITE
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
DISCLAIMER OF WARRANTY
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
We reserve the right to conduct an ITC check on anyone of the purchasers, or credit card holders, only in order to validate the authenticity of the customer and hence the legitimacy of the transaction.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Lead time is dependent on stock availability. Should the product not be in stock please allow a longer delivery time. Deliveries are time sensitive and subject to customs clearance, payment, shipping, storage and checks.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence, The South African Gold Coin Exchange will contact you via email and provide a revised shipping schedule.
The Gold Coin Exchange Group (being Gold Coin Exchange Holdings Limited, its subsidiaries and associate companies, and the individual business units comprising the Group (“Gold Coin Exchange”) shall not be responsible, and disclaims all liability, for any loss, liability and / or damage, which may be suffered as a result of, or which may be attributable to, the use or reliance upon any information, links or service provided through this website or other electronic communication medium (for example, email).
This message (and any attachments) is proprietary to Gold Coin Exchange and intended for the original addressee / nominated recipient only. The views and opinions expressed in this message are those of the individual sender of this message and do not necessarily represent the views and opinions of Gold Coin Exchange. Gold Coin Exchange cannot ensure or guarantee that the integrity of this communication has been maintained or that it is secure or error-free as information can be intercepted, corrupted, lost and or subject to interference. Gold Coin Exchange does not accept liability for any errors or omissions in the contents of this message or damage resulting from the opening of this message should it contain a virus.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises. Goods will be delivered directly to the customer and delivery date will be as per discussion with customer once the transaction is authorized and deemed reliable. No deliveries will be done until the order has been processed and paid in full. This charge will be made fully aware to the customer before the transaction is processed. Undeliverable packages Occasionally packages are returned to us undeliverable.Should this event take place every attempt will be made to contact you to make arrangements for re-shipment. Order processing Order processing will not begin until we receive a confirmed order and full payment of the purchase. Products purchased on www.scoinshop.com will also only be delivered to the customer provided the correct delivery address is provided and the banks have authorized the transaction holder as safe and reliable.
The South African Gold Coin Exchange has a strict no refund policy on items that are bought, excluding that of which are for damaged goods. Goods that are damaged can be returned in their same packaging to The South African Gold Coin Exchange within 10 calendar days of purchasing, including a description of why the item has been returned. If The South African Gold Coin Exchange deems the product to be damaged, they will replace the product with a more suitable one. The South African Gold Coin Exchange by no means offers monetary refunds on unsatisfactory products.
PAYMENT OPTIONS AND PRICING
All transactions will be processed in South African Rands (ZAR).
The South African Gold Coin Exchange endeavours to offer you competitive prices on current products; you’re total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
The South African Gold Coin Exchange reserves the right to change pricing at any time without prior notice.
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready.
We do not accept credit card payments on Krugerrand purchases.
EFT (ELECTRONIC FUND TRANSFER)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load The South African Gold Coin Exchange as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.
Scoin Trading (Pty) Ltd
Standard Bank Current Account
Account Number: 043018599
Branch: 019205 (Sandton)
Reference: Name + Surname
You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please fax through your deposit slip to us on (011) 784-8524 to ensure your payment is confirmed and order shipped as quickly as possible.
BANKING DETAILS ARE AS SAME AS ABOVE.
For more information about how to order, special order requirements and other payment options, please contact us on (011) 784-8551 or Fax (011) 784-8662 or email email@example.com.
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
UPDATING OF THESE TERMS AND CONDITIONS
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trade marks are registered to The Scoin Shop and The South African Gold Coin Exchange and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by The South African Gold Coin Exchange for any civil action or any legal action deemed necessary against me.
4th Floor, Atrium on 5th
Sandton City, Johannesburg
Tel : 011 784 8551
Fax : 011 784 8524
4th Floor East Tower
Canal Walk Shopping Centre
Transactional Terms & Conditions
1.1 Unless otherwise stated or varied in writing by a duly authorised person on behalf of the Seller, the following Terms and Conditions shall apply to all Contracts for the sale and purchase of Goods as well as Goods sold by the Seller for storage in SafeGold on behalf of third parties or the Buyer. In the event of difference between these Conditions and those of the Buyer, these Conditions shall prevail over any Terms and Conditions in the Buyer’s order or other document issued by the Buyer except where specifically agreed to by the Seller in writing.
1.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
1.3 In these Terms:
“Buyer” means the person who accepts the Seller’s written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller or in whose name an Invoice is issued by the Seller;
“GoldGro” means the Seller or any subsidiary company, holding company or fellow subsidiary company.
“Goods” means the goods which the Seller is to supply pursuant to these Terms; “Seller” means Goldgro (Pty) Ltd Registration Number 1999/027625/07. “Contract” means the contract for the sale and purchase of Goods;
“Terms” means the standard terms and conditions of sale, set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller;
“Writing”/”Written” includes facsimile transmission and comparable means of communication, but not electronic mail.
WE DRAW THE BUYER’S SPECIFIC ATTENTION TO THE FOLLOWING CLAUSES:
1.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods or any other services offered by the Seller unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
1.5 Verbal undertakings made by company representative do not form part of this contract.
2.1 The packaging of the goods will be to the Seller’s normal specification.
2.2 Quoted delivery periods commence from the Seller’s acknowledgement of the Buyer’s order. Delivery periods are only regarded as having commenced upon payment confirmation being received by the Seller. If paying with a specific credit card for the first time or if the Seller regards the transaction to be material, the Seller may carry out certain fraud checks with the cardholder’s bank and the delivery period shall only be regarded as having commenced upon completion of such checks.
2.2.1 The Seller shall take reasonable steps to deliver the goods within the said period.
No liability shall arise by the failure to do so due to Extenuating circumstances. Extenuating circumstances will be communicated to the Buyer and the Seller will take reasonable steps to deliver the Goods.
2.3 The right to deliver the goods in more than one consignment is hereby reserved. In the event of such delivery each consignment may be invoiced separately.
2.4 Where appropriate the Buyer shall, at his own expense, ensure that the site for delivery of the goods is ready to receive the goods.
2.5 Unless otherwise specified in writing, where carriage is arranged by the Seller, it will be at the cost and expense of the Buyer.
2.6 Should the Buyer not receive the goods at the time of transaction for reasons as communicated to the Buyer, the Seller will advise the Buyer when the items are available and the Seller will agree with the Buyer in writing a time & location for collection (the “Collection Notice”).
2.7 The Buyer undertakes to collect the goods as specified in 2.6 if the collection point is the Seller’s premises, but no later than 72 hours after the sale of the Goods, thereafter the goods will not be insured by the Seller and all risk will be transferred to the Buyer. Please refer to clause 2.8 in this regard.
2.8 Should the Buyer not collect the goods as per 2.6 & 2.7, the Buyer agrees to :
2.8.1. the risk of ownership transferring to the Buyer at that time, and the goods no longer being covered by the Seller insurance;
2.8.2. reimburse the Seller for all costs incurred by the Seller to return the goods to SafeGold facilities in Sandton;
2.8.3. reimburse the Seller for all costs incurred in subsequently delivering the goods to the Buyer;
2.8.4. the costs of safe keeping as provided to the Buyer in the Collection Notice;
2.9 The Buyer may, at the Buyer’s own choosing, collect the goods from the Seller’s Sandton offices at no charge, except for SafeGold charges as stipulated in the collection notice, provided the Buyer gives the Seller a minimum of 8 (eight) working days’ notice, excluding Saturdays and Sundays, the Sellers Collection notice and submit all required documents.
2.10 For the avoidance of any doubt and not withstanding clauses 2.6 to 2.9, all items purchased are automatically transferred to our SafeGold facility for safe keeping on your behalf within our secure vault facility. Should the coins not be collected or an arrangement made for the coins to be delivered to the client within 30 days from the invoice date the standard fees applicable to our SafeGold facility will apply.
3.1 The Buyer shall inspect the goods within 72 hours of delivery and notify the Seller in writing, telephonically, email or post if any defects are detected. If the Buyer fails to give such notice the goods shall be deemed to be in all respects in accordance with the Contract.
4.1 If delivery is delayed at the Buyer’s request past 72 hours from the time of the transaction, the Seller shall be entitled to charge for the storage and insurance of the Goods from the commencement date of such a delay and will be stipulated on the Collection notice. The Seller reserves the right to submit an invoice at the final delivery date to run from the original date of delivery to the final delivery date.
4.2 Should the Buyer choose to make use of the SafeGold services offered by the Seller, such services will be governed by the terms and conditions incorporated in the SafeGold Agreement which will be concluded between the Buyer and Seller and is separate to this Agreement. Please note that the following documentation will be required: Copy of Identification or passport document as well as a signed copy of these Terms and Conditions as well as the signed SafeGold agreement.
5. Returns and Refunds
5.1 Purchases that are concluded due to direct marketing (Where we contact you directly via email) are regulated both by the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008 (“CPA”). The Scoin Shop and The South African Gold Coin Exchange have a strict no cash refund policy as the advertised prices of all products fluctuate from day to day due to their intrinsic gold/silver value which is directly linked to the gold/silver price. They are therefore excluded from the application of the ECTA and CPA as far as any refunds are concerned.
5.2 Goods that are damaged can be returned in their same packaging to The Scoin Shop and The South African Gold Coin Exchange within 10 (Ten) calendar days of delivery, including a description of why the items have been returned. If The Scoin Shop and The South African Gold Coin Exchange deem the product to be damaged, they will replace the product in accordance section 55 and 56 of the CPA.
5.3 Any such Goods accepted for return shall be returned at the Buyer’s cost and risk, with the Seller’s RAN (returns authority number) and shall be subject to inspection by the Seller, who shall notify the Buyer if the return has been accepted or not. Should the Seller deem the damaged Goods to have been damaged/defected during the Sellers handling of the goods, the costs incurred by the Buyer will be reimbursed to the Buyer, provided that the Buyer provides the Seller with documentary proof of expenses incurred.
6.1 Although the Seller attempts to act as a market maker in respect of coins and medallions which it sells, the ability of the Seller to sell coins and medallions will be determined by the specific market conditions
prevailing at the time of the proposed trade exchange. This also includes, but not limited to, supply and demand, gold price, exchange rate, and the need for the Seller to obtain a sufficient margin to cover its own costs in reselling such Goods that may be bought back.
6.2 The sale of Goods back to the Seller will only be accepted by the Seller with the Seller’s prior written agreement and then only at the Seller’s sole discretion, and at such a price that the Seller at their sole discretion will determine and agree with the Buyer. Any such Goods accepted for trade exchange shall be returned at the Buyer’s cost and risk, with the Seller’s BAN (trade exchange authority number) and shall be subject to inspection by the Seller, who shall notify the Buyer if the purchase has been accepted or not. Such Goods must be returned with all original boxes and certificates and other materials which accompanied the Goods on the original sale.
7. Pre-order products
7.1 Pre-order products (being products the Buyer can order in advance of their public release date) will be handled separately, and will be shipped or made available for collection when ready. The Seller shall take reasonable steps to deliver the goods within the said period. Delivery of pre-order products will be subject to the terms and conditions set out in clause
2, 3 and 4 of these terms and conditions. Delivery dates of pre-ordered products are not guaranteed and the Seller will not be held liable for pre-ordered products not delivered on the indicative dates. The Seller undertakes to refund the full selling price of the pre-ordered products to the Buyer if the Seller does not deliver the products within 6 months of the indicative delivery date.
8. No financial advice given
8.1 The Buyer acknowledges that the Seller is not a registered financial intermediary, and that nothing said or done by the Seller or the Seller’s staff or representatives will constitute any form of financial or investment advice.
8.2 Any communication emanating from the Seller whether written, oral or otherwise, is merely a general view of products and markets referred to, and is not to be construed as investment or other advice or to bind the Seller in any way.
8.3 Please note that the information herein is for promotional and educational purposes only. It does not constitute financial advice and any information provided is based on present market trends which could change at any time. The information herein should not be used to make financial decisions without the consultation of a competent financial advisor or professional broker. You hereby acknowledge that you understand that you are using the information herein as your own risk.
9. Krugerrand V Collectable Coin Prices
9.1 A Krugerrand’s value is linked to the gold price whilst the value of medallions and rare coins are determined by the precious metal component, the rarity of the coin and the market interest in that particular coin/medallion at any given point in time. Although all products are a long-term wealth preserve venture, rare coins require a longer period to yield the best results. The purchaser hereby acknowledges that they understand the difference between the various product prices.
10.1 Quotations are valid for seven (7) days for all coins/medallions with the exception of Krugerrands and no binding contract shall be deemed to have been effected until the order arising out of the quotation has been confirmed in writing by the Seller’s acknowledgement and acceptance of order. Krugerrands quoted prices will only be valid for a period of 12 (twelve) hours.
11.1 Prices quoted will include VAT, but exclude courier or delivery costs (unless otherwise stated).
11.2 Where Insurance charges are added on an invoice for the sale of the Goods, this charge is in no way a financial charge by the Seller on the Buyer. The Seller merely arranges this charge on behalf of the buyer through the Seller’s insurers and no benefit is derived for the Seller for facilitating this service.
11.3 Where currency exchange is necessary, the invoice will be calculated by reference to the rate of exchange on the date of payment of the invoice. Where payment is not made within the stipulated time the Seller reserves the right to calculate the final invoice value at the rate obtained when payment was made to the Seller’s supplier. Any interest payment to be met by the Buyer created by late payment will be calculated in the transacting currency. The Financial Times spot Rate shall be applied for currency conversions.
12.1 Payment for Goods shall be made in South African Rand, British Sterling or United States Dollars, as agreed by the parties in advance upon receipt of an invoice or otherwise in accordance with the terms stipulated on the invoice.
12.2 The Buyer shall not be entitled to make any set off or deduction or withhold payment as a result of any claim that it may have against the Seller. Any withholding or offsetting of amounts by the Buyer will result in Goods not being delivered and possible charges being incurred by the Buyer as stipulated in paragraph 2 and 4.
12.3 The Seller reserves the right to charge interest at the rate of 4% over the prime lending rate from time to time of Standard Bank on sums outstanding after the stipulated date and for the avoidance of doubt time shall be of the essence in respect of the payment conditions.
12.4 Should default be made by the Buyer in paying any sum due under any order as and when it becomes due, the Seller shall have the right to suspend further deliveries until the default be made good or to cancel the order so far as any Goods remain to be delivered thereunder. All monies already paid by the Buyer will be refunded, net of a cancellation charge and any other charges that may be applicable in terms of clause 2 and 4.
13.1 From the time of dispatch from the Seller’s premises the Goods shall be at the Buyer’s risk save where carriage has been arranged by the Seller. Where carriage has been arranged by the Seller the Buyer must notify the Seller within 72 hours of receipt of the Goods of any damage in transit and provide such information as is requested by the Seller to enable the Seller to comply with the carrier’s conditions. Otherwise any claims that the Seller might be liable for will be repudiated.
13.2 Where carriage has been arranged by the Seller the terms of clause 2 will apply.
14. Retention of Title
14.1 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods then due.
14.2 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and Bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
14.3 Until such time as the property in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
14.4 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable. Interest will be charged in accordance with clause 12.3.
14.5 The Buyer’s right to possession of the Goods shall cease if he, not being a company, is unable to pay his debts when due or is made bankrupt or if he, being a company, does anything or fails to do anything which would entitle a receiver or administrator to take possession of any assets or which would entitle any person to present a petition for winding-up.
15. Guarantee, Liabilities and Warranties
15.1 Subject to the conditions set out below, the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for the period specified on the Goods or on the documents accompanying the Goods.
15.2 The above warranty is given by the Seller subject to the following conditions:
15.2.1 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage by the Buyer, negligence by the Buyer, abnormal working conditions by the
Buyer, failure to follow the Seller’s instructions by the Buyer (whether oral or in writing), misuse or alteration or repair of the Goods by the Buyer without the Seller’s approval:
15.2.2 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
15.2.3 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller and which the Seller is able to assign to the Buyer or which such manufacturer gives direct.
15.3 Any claim by the Buyer, which is based on any defect in the quality or condition of the goods or their failure to correspond with specification, shall (whether or not delivery is refused by the Buyer) be notified as specified above to the Seller within 24 hours from the date of delivery or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
15.4 Where any valid claim, in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification, is notified to the Seller in accordance with these
Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s discretion, considering the extent of the failure, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
15.5 Except in the case of fraudulent misrepresentation, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under
the express terms of the Contract, for any loss of profit, savings, loss or corruption of data or any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
15.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control: act of God, explosion, flood, tempest fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, by-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw materials, labour, fuel parts or machinery; power failure or breakdown in machinery.
16. Intellectual Property
16.1 The Client understands that all the designs and trademarks are registered to The Scoin Shop and The South African Gold Coin Exchange and hereby accepts the terms and conditions. The Client undertakes not to copy/duplicate the trademarks and designs directly or indirectly in any way and understands the legal implications thereof. Should the Client be found to be in violation of this agreement, the Client understands that he/she will be held liable for all legal costs incurred by The Scoin Shop and The South African Gold Coin Exchange for any legal action deemed necessary against the Client on the attorney client scale.
17.1 In the event of an order having been placed but thereafter being cancelled by the Buyer prior to delivery the Seller reserves the right to invoice the Buyer for any losses incurred including (without prejudice to the generality of the foregoing) loss of profit, carriage charges and handling charges. For the avoidance of doubt cancellation is impossible after delivery, unless for circumstances provided for in Par 5.1.
18. Export Sales
18.1 In these Conditions “Incoterms” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
18.1.1 Where the Goods are supplied for export from South Africa, the provisions of this clause shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.
18.1.2 The buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
18.2 The Seller shall be under no obligation to arrange carriage for the delivery of the Goods to the Buyer.
18.3 In the event that export licenses shall be required the Seller shall take all reasonable steps to procure them and the cost thereof shall be chargeable to the Buyer (including a reasonable charge for the time expended by the Seller in connection therewith and the Seller’s out-of-pocket expenses). The Buyer shall take all reasonable steps to procure any import licenses required and bear and pay any expenses in connection with the importation of the Goods. The Contract shall be conditional upon all such licenses and consents being obtained within a reasonable time.
18.4 All risks will transfer to the Buyer upon the goods being shipped free-on-board (F.O.B) and the Buyer will be responsible to ensure relevant insurances are in place. The Seller can at the request from the Buyer arrange these insurances and guarantees at a fee to be communicated to the Buyer and agreed upon before the goods are shipped F.O.B.
19. Privacy and Data Protection
19.1 The Seller is required, under the Financial Intelligence Centre Act (38 of 2001) (“FICA”), to obtain certain information relating to the Buyer in regards to cash transactions over the FICA determined threshold. The Buyer is to please note that no coins will be given to the Buyer and no cash will be accepted from the Buyer by the Seller until such time as the Buyer has complied with the necessary FICA compliances.
19.2 By providing personal details the Buyer, gives permission to members of the Gold Group to contact the Buyer regarding special offers and product information. The Buyer may opt out of such communications by notifying the Seller by clicking on the “Manage your Subscriptions” link in the communication. The Seller respects the Buyer’s privacy and will not disclose the Buyer’s personal information to third parties for marketing purposes. The Seller undertakes to keep the Buyer’s personal information strictly confidential in accordance with the applicable legislation in South Africa. The information will not be used for anything other than which is stated in these Terms & Conditions. None of the personal information will be sold or made available to anyone outside or inside of the Gold Group.
20.1 Any notice required or permitted to be given by either party to the other shall be in writing and delivered or sent to the respective party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. Hand delivered and facsimile notices shall take effect immediately on receipt and postal notices on proof of delivery of registered post.
20.2 No waiver by the Seller or any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
20.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
21. Applicable Law
21.1 These conditions and the Contract shall be subject to and construed in accordance with South African law and any dispute shall be subject to the exclusive jurisdiction of the Courts of the Republic of South Africa, save that the Seller has the right, at the Seller’s sole discretion, to commence and pursue proceedings in alternative jurisdiction.