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1| Legal Notice
2| Definitions
3 | Scope of the Terms of Use
4 | Services Available from the Site
5| General information on the purchase and sale of gold
6 | Access to the Services and opening a Client Account
7 | Closure of the Client Account
7.1. Conditions for closing the Client Account
7.1.1 Closure at the Client’s request
7.1.2 Closure at Gold Reserve’s request
7.2. Consequences of closing the Client Account
8 | Products that may be purchased on the Site
8.1. Purchase of Coins, minted bars and bars
8.2. Purchase of Investment gold by weight
9 | Purchase terms
9.1. Reference price
9.2. Use of the Cash Account
9.2.1 Opening and use of the Cash Account
9.2.2 Funding the Cash Account
9.2.3. Change of the reference Bank Account
9.3. Submission of the Order
9.4 Execution of the Order by Gold Reserve
9.5. No right of withdrawal
9.6. Storage of the Products
9.7. Delivery of the Order
9.8. Signature of the delivery note
9.9. Delivery defects
10 | Resale of the Products by the Client
10.1. Resale terms
10.2. Payment of the Price
10.3. Tax applicable to the sale of gold by the Client
11 | Fees
11.1. Shipping fees
11.2. Storage fees
11.3. Other Fees
12 | Ownership of the information and data published on the Site
13 | Transfer of risk
14 | Personal data
15 | Legal warranty
16| Liability
17 | Money laundering
18 | Contact
19 | Miscellaneous
20 | Applicable law and competent courts
1| Legal Notice
The website accessible at the address www.goldreserve.fr (hereinafter, the « Site») is published by the company Gold Reserve, a SAS with a capital of 40,000 euros, registered with the Paris Trade and Companies Register under number 830 579 728, whose registered office is located at 10 avenue de la Grande Armée, 75017 Paris.
Contact: contact@goldreserve.fr / Tel: 09 72 52 18 24
VAT no.: FR92830579728
The publication director is Mr Laurent Schwartz.
The Site is hosted by the company OVH, 2 rue Kellermann – 59100 Roubaix.
The general terms and conditions applicable to transactions carried out via the Site may be consulted below.
2| Definitions
Each term beginning with a capital letter has the meaning given in its definition, whether it is in the singular or the plural.
Order : means the purchase by the Client of Products from Gold Reserve, under the conditions defined in these general terms and conditions.
Client Account : means the private part of the Site to which the Client may log in so as to access all the information relating to the Transactions carried out at their request.
Cash Account : means the virtual account through which the Client must transfer the amounts required for the contemplated Transactions, and to the credit of which is recorded the price received by the Client following the execution of a Sell Order.
Reference Bank Account : means the bank account whose details are provided by the Client when opening their Client Account with Gold Reserve.
Reference price : means the price used by the parties to set the price applied to the Order or to the Sell Order issued by the Client. The Reference price may be consulted at any time on the site in the “Gold price” menu.
Investment gold : means the products defined in point 2 of Article 298 sexdecies A of the French General Tax Code. Namely, ‘(a) gold in the form of a bar, an ingot or a wafer of a weight greater than one gram and whose purity is equal to or greater than 995 thousandths, whether or not represented by securities;
(b). Coins of a purity equal to or greater than 900 thousandths which were minted after 1800, are or have been legal tender in their country of origin and whose selling price does not exceed by more than 80 % the value of the gold they contain ».
Sell Order : means the order given by the Client to Gold Reserve to proceed with the sale of their Products.
Product : means Investment gold, whatever its form (bar, coin, share held in a bar, etc.) or any other precious metal that is the subject of an Order or a Sell Order on the Site.
Services : means the services accessible from the Site.
Site : means the website www.goldreserve.fr
Transaction : means the purchase or sale carried out between the Client and Gold Reserve pursuant to an Order or a Sell Order.
3 | Scope of the Terms of Use
These terms of use (hereinafter the « Terms ») govern any use of the Services accessible from the website www.goldreserve.fr, made by a natural person (hereinafter, « You » or the «Client»).
Any use of the services accessible from the Site requires unreserved acceptance of these Terms by the Client.
Transactions on the Site are exclusively reserved for natural persons of legal age.
Transactions are also open to legal entities.
Certain services offered from the Site are not accessible to persons who do not reside in metropolitan France.
For any other destination, and subject to compliance with tax obligations, please contact us beforehand to find out our rates.
The Terms may be adapted or amended at any time by Gold Reserve. In the event of amendment, the applicable Terms are those online on the date of the Transaction carried out by the Client.
4 | Services Available from the Site
The Site is managed and published by the company Gold Reserve.
Some of the Services mentioned in these General Terms and Conditions may be temporarily unavailable. Only the Services described on the home page of the Site at the time of Your connection or accessible from the menu link www.goldreserve.fr are offered.
If a Service does not appear on the menu at the time of Your connection, this means that it is not yet offered or that it is temporarily unavailable.
The Site allows Clients to buy Investment gold, Silver products or any other Product offered on the Site online, to benefit from a delivery service and, in time, to benefit from a storage service and to resell the Products, under the conditions set out in these general terms and conditions.
Gold Reserve reserves the right to refuse access to its Services to any Client whose previous Orders or sales have been the subject of a payment incident, or where several factors suggest that it is a fraud or an unlawful operation.
We also reserve the right to refuse any Transaction with a Client whose Cash Account is not funded or with whom there is a dispute, who refuses to disclose their identity or who provides incorrect information, when, under the regulations in force, we are obliged to request it from them.
5| General information on the purchase and sale of gold
Any investment or placement in gold involves a certain degree of risk linked to the fluctuation of the gold market. The Client who proceeds with the sale or purchase of gold or precious metals must therefore be aware that their profit linked to any capital gain can in no case be guaranteed.
Any decision to buy or sell gold by the Client is made under their sole responsibility.
Purchase and sale operations on gold are subject to specific taxation. For information purposes, the main tax provisions applicable to these operations may be consulted in our tax guide. This information is however made available for purely indicative purposes and may not reflect the latest legislative or regulatory developments. Under no circumstances may it be interpreted as recommendations or as tax advice.
In case of doubt, you should call on an independent adviser who will be able to assist you with your transactions.
6 | Access to the Services and opening a Client Account
Access to the Services offered on the Site can only take place after the Client has opened a Client Account.
Opening a Client Account on the Site implies that the Client has previously provided all the information requested at the time of registration.
The Client undertakes to provide accurate and precise information at the time they open their Client Account.
Opening a Client Account is reserved exclusively for natural persons of legal age and, in time, for legal entities.
Gold Reserve reserves the right to refuse the opening of a Client Account when the information provided by the Client does not appear to it to be consistent or accurate. The opening of the Client Account may also be refused if the bank details of the reference Bank Account provided by the Client show that it is located in a country suspected of not complying with the OECD principles of transparency and effective exchange of information in tax matters.
Gold Reserve reserves the right to request any document likely to confirm the identity, age and address of the Client.
Only the Client is authorised to log in using the username and password corresponding to the Client Account created.
The Client undertakes to keep their password strictly confidential.
In this respect, any use of a Client Account is deemed to have been made by the Client themselves or with their authorisation, unless the Client is able to demonstrate that their Client Account has been hacked.
Save with the express agreement of Gold Reserve, a Client Account may not be sold or transferred to another person.
7 | Closure of the Client Account
7.1. Conditions for closing the Client Account
7.1.1 Closure at the Client’s request
The Client may close their Client Account at any time by sending a simple email to contact@goldreserve.fr.
The closure request entails the transfer of all the sums recorded to the credit of their Cash Account within a maximum period of one week to their reference Bank Account.
7.1.2 Closure at Gold Reserve’s request
Gold Reserve reserves the right to close any Client Account on which no Transaction has taken place for twelve consecutive months and which does not hold stored products. Gold Reserve also reserves the right to close any Client Account whose associated Cash Account shows a balance of less than ten (10) euros.
In the event of closure under the conditions mentioned in the paragraph above, Gold Reserve will send a notification email to the Client thirty days before the closure date to ascertain their intentions.
In the absence of a reply from the Client, Gold Reserve may proceed with the closure of the Client Account after having first transferred the sums still recorded to the credit of the Client’s Cash Account to their reference Bank Account.
Gold Reserve also reserves the right to close the Client’s Account immediately, in one of the following cases:
– Order or Sell Order that is suspicious in view of its amount or its frequency;
– identification of incorrect or false information given by the Client when opening the Client Account;
– request made by the administrative or judicial authorities;
– listing of the institution in which the reference Bank Account is registered on a list of fraudulent banking institutions.
In the event of closure of the Client Account under the conditions mentioned in this article 7.1, Gold Reserve will send the Client a notification without delay informing them of the closure of their Client Account within a period of seven working days and indicating the reasons that motivated the closure decision.
No Transaction may be carried out between the moment the notification has been sent and the moment the Client Account is actually closed.
Except in the event of a decision to the contrary by the administration or the courts, the sums still recorded in the Client’s Cash Account will be transferred within the seven-day period to their reference Bank Account.
7.2. Consequences of closing the Client Account
In the event of closure of the Client Account for any reason whatsoever, the Client will no longer be able to carry out any Transaction on the Site and will no longer have access to the data relating to their Client Account.
It is therefore up to them to save the information relating to the Transactions carried out before proceeding with the closure of their Client Account.
Any request to close the Client Account entails the transfer of the sums still recorded to the credit of the Client’s Cash Account to their reference Bank Account prior to the closure.
8 | Products that may be purchased on the Site
8.1. Purchase of Coins, minted bars and bars
The products available on the Site are exclusively investment Gold and silver products. Where applicable, the Site may offer other precious metals for sale.
The products offered for sale on the Site are those listed in the shop accessible via the menu.
Given the fluctuations of the gold and precious metals market, we cannot guarantee the supply of the Products. In the event of unavailability of the Products ordered, we undertake to inform our Clients immediately, who may, subject to available stock, purchase other Products.
8.2. Purchase of Investment gold by weight
You also have the possibility on our Site of buying Investment gold by weight.
As soon as the transaction is completed, You become the owner of the quantity of gold purchased. You thus have the possibility of holding a fraction of a bar corresponding to the weight of gold acquired at the time of the Transaction.
9 | Purchase terms
9.1. Reference price
The Reference prices and the price of the Products offered for sale on the Site are shown continuously on the Site.
The price of the Products depends on the Price of the Products, the quantity purchased and the costs inherent to the Transaction. In all cases, when additional fees or costs, of whatever nature, are applied to the Transaction, the final price of the Transaction is communicated to the Client before its validation.
To date, the reference markets taken into account to set the Reference price are:
– the London Bullion Market Association (for gold and silver) (LBMA);
– the COMEX in New York;
– The Shanghai Gold Reserve;
– The CME of Chicago.
It is specified that the Price of the Products is liable to vary regularly given the volatility of the Prices. The Price of the Products ordered is the one mentioned on the Site at the time of the Order, subject to there being no increase in the Prices between the date on which the Order is placed and the date on which the Cash Account is credited with the amount necessary for the execution of the Order. In the event of an increase in the Prices, the Order cannot be executed.
9.2. Use of the Cash Account
9.2.1 Opening and use of the Cash Account
Payment for Transactions is made exclusively through the Cash Account.
Once the opening of the Client Account has been validated, a Cash Account is automatically allocated to the Client.
Any sum of money transferred by the Client to their Cash Account is deposited by Gold Reserve in an account held with the Banque PALATINE, 12 avenue de Matignon, 75008 PARIS, the banking partner of Gold Reserve, or with any other bank offering an identical level of services and guarantees. The use of the Cash Account is exclusively reserved for Transactions carried out with Gold Reserve.
No Transaction may be carried out if an amount equivalent to that of the contemplated Transaction and the fees relating to that Transaction is not recorded to the credit of the Cash Account.
9.2.2 Funding the Cash Account
The Client may at any time credit their Cash Account by making a transfer from their reference Bank Account.
The Cash Account may exclusively be funded in Euro.
The amounts recorded to the credit of the Cash Account may at any time, at the Client’s request, be transferred to their reference Bank Account, within a period of 72 working hours from the date of receipt of the transfer request.
The amounts recorded to the credit of the Cash Account remain the exclusive property of the Client. They may in no case be used by Gold Reserve for any reason whatsoever, except with a view to carrying out the Transaction.
The amounts recorded to the credit of the Cash Account do not constitute an investment and do not produce any interest.
Payments issued from or intended for the Cash Account may only be made to or from the reference Bank Account.
9.2.3. Change of the reference Bank Account
The Client who wishes to change the details of their reference Bank Account must log in to the support service accessible from their Account and provide a copy of their proof of address as well as the new bank details.
Gold Reserve reserves the right to refuse any change of bank details not accompanied by supporting documents. The Client will then have to close their Account and open another one following the usual procedure.
9.3. Submission of the Order
The Client indicates at the time of their Order all the information necessary to enable Gold Reserve to carry out the Transaction.
In the event of incomplete or inaccurate information, the Transaction cannot be executed and the Order will be deemed void.
In any event, the Order must specify:
• the Products ordered (type of coins, bars, etc.);
• the quantities requested;
• any information necessary for its correct execution;
• the quantity of Investment gold expressed by weight, when the Order concerns the Purchase of Investment Gold by weight.
The Order may only be executed during the hours mentioned on the Site.
9.4 Execution of the Order by Gold Reserve
The Order is executed , if the Cash Account is sufficiently credited on the date of the Order. If the balance of the Cash Account is lower than the amount of the Order and the fees associated with the Order, the Client must credit their Cash account with the necessary amount as soon as possible, without Gold Reserve being able to guarantee them the execution of their order given the possible change in prices.
The Client may then either request that the balance of their Cash Account be credited back to their reference Bank Account, or keep the balance of their Cash Account in order to be able to carry out a future Transaction.
In order to fulfil the Client’s Order, Gold Reserve supplies the Products either by taking them from the stock it holds on the date of the Transaction, or by placing a corresponding order on the market concerned.
When the Order concerns a quantity of Investment Gold expressed by weight, Gold Reserve transfers to the Client the ownership of a quantity of gold of a weight identical to that ordered.
As soon as the transfer of ownership is completed, the share of Gold allocated to the Client is deducted from the stock of Products held by Gold Reserve, and the share of Gold corresponding to the Client’s Order is recorded in the stocks of Gold Reserve as held in the name and on behalf of the Client
The purchase of a quantity of Investment Gold expressed by weight may not give rise to the delivery of an equivalent quantity of gold to the Client.
When the Client no longer wishes to keep the share of Gold allocated to them by Gold Reserve, they have exclusively the option of reselling that share to Gold Reserve under the conditions mentioned in article 10 hereof.
Every Order gives rise to the issue of an invoice by Gold Reserve, accessible from the Client Account, on which the elements relating to the Transaction are summarised.
9.5. No right of withdrawal
Under article L. 221-28 of the French Consumer Code, « the right of withdrawal may not be exercised for contracts for the supply of goods or services whose price depends on fluctuations on the financial market beyond the professional’s control and liable to occur during the withdrawal period ».
As the price of Investment gold is subject to the fluctuations of financial market rates, the Client may not exercise any right of withdrawal once the Order or the Sell Order has been sent.
9.6. Storage of the Products
Subject to the availability of this service, when purchasing Products on the Site, the Client may ask Gold Reserve to keep them in their name and on their behalf in a secure vault.
All the premises in which the Products are stored are located on secure sites complying with the NFa2p standard or any equivalent standard.
The storage fees are mentioned in article 11 hereof.
The storage of the Products automatically ends when,
– the Client does not pay the storage fees or does not have a Cash Account in credit sufficient to settle these fees;
– Gold Reserve is in a situation of cessation of activity.
In these two cases,
the stored Products will, at the Client’s request, either be delivered or offered for sale on the basis of the Price referred to in article 9.1. In the latter case, the amount of the sale will then be transferred to the Cash Account or to the Client’s reference Bank Account. Investment gold Products purchased by weight can never be delivered and only the balance corresponding to their sale may be transferred to the Client’s reference Bank Account.
9.7. Delivery of the Order
The Products purchased on the Site may be delivered to the Client, at their request, except in the cases referred to in article 9.4 hereof.
The delivery service is only available in metropolitan France. For any delivery located outside this territory, it is necessary to contact us beforehand to find out the delivery conditions.
The delivery costs are borne by the Client and are invoiced to them on the sales slip.
If the amount of the sale is less than six hundred euros (600 €), the Products ordered are sent by registered letter with acknowledgement of receipt. Above six hundred euros, the Products are shipped via the Declared Value service of La Poste.
The dispatch of the Products ordered by the Client takes place within an average period of 48 to 72 hours from the date of execution of the order by Gold Reserve.
This period does not however take into account transport problems beyond our control (strike or difficulties encountered by the carrier). It may also vary according to the availability of the Products and their value.
9.8. Signature of the delivery note
Whatever the delivery arrangements for the Order, the Client must sign the post office delivery slip when they receive the Products ordered.
On receipt of their Order, the Client must check that the packaging has not been tampered with, and that its weight corresponds to the weight mentioned on the slip.
If they note an anomaly or a defect, or if they wish to make a remark, they must refuse to receive the Order and return it to Gold Reserve without touching it.
9.9. Delivery defects
Gold Reserve may in no case be held liable for a delivery defect or delay, in particular in the event of an incorrect or incomplete indication of the delivery address.
In the event of a delivery delay of more than three working days compared with the indicative delivery time mentioned in the delivery confirmation email, the Client must check with their usual distributing post office whether they do not have a parcel awaiting collection.
In the absence of a parcel, the Client must immediately inform Gold Reserve so as to enable it to take any appropriate measure and to report the possible theft.
10 | Resale of the Products by the Client
10.1. Resale terms
Subject to the availability of this service on the Site, the Client has the possibility of reselling to Gold Reserve the Products stored and kept in their name by Gold Reserve.
The Products are sold on the basis of the Reference price mentioned in article 9.1 hereof.
In any event, the Sell Order must specify:
• the Products sold (type of coins, bars, etc.);
• the quantities sold;
• any information necessary for its correct execution;
• the quantity of Investment gold expressed by weight, when the Sell Order concerns the sale of Investment Gold by weight.
The Client indicates at the time of their Sell Order all the information necessary to enable Gold Reserve to carry out the Transaction.
In the event of incomplete or inaccurate information, the Transaction cannot be executed and the Sell Order will be deemed void.
The Sell Order may only be executed during the hours mentioned on the Site.
The Client expressly authorises Gold Reserve to issue in their name and on their behalf a note or invoice summarising the information relating to the Transaction carried out. A copy of this note or invoice will be accessible on the Client Account.
10.2. Payment of the Price
Gold Reserve transfers the price of the Transaction carried out in execution of the sell order exclusively to the Client’s Cash Account.
The transfer of the price is made exclusively in euros and within a maximum period of 72 working hours from the date of the Transaction.
The Client may at any time transfer the sums recorded to the credit of their Cash Account to their reference Bank Account.
The transfer fees are mentioned in article 11 hereof.
The Client may also keep the amount transferred to their Cash Account in order to place a new Order. In all cases, the credit balance of their Cash Account must be greater than or equal to ten euros so as to cover the Transaction fees. Failing this, Gold Réserve may proceed with the closure of the Client Account as indicated in article 7 hereof.
10.3. Tax applicable to the sale of gold by the Client
The gains made by individuals who are French tax residents on the disposal of precious metals (Investment gold or Silver) are subject:
– either to the capital gains tax on movable property and to social security contributions at an overall rate of 36.2 %, applicable to the capital gain realised;
– or to the flat-rate tax on Precious metals whose overall rate, including the CRDS, is 11.5 %, applicable to the sale price.
In practice, the option for the capital gains tax regime is generally more favourable, despite a higher rate, in so far as it applies to a much smaller base than the tax on precious metals. However, the option for the capital gains tax regime is conditional on the possibility, for the seller, of proving the date and price of acquisition of the goods sold.
As part of its activity, Gold Reserve undertakes to provide each of its Clients with the information enabling them to declare the capital gain realised on the sale of the Products.
The Client will be able to access this information at any time by logging in to their Client Account.
For reasons of tax consistency, the capital gains realised by a Client who is a French tax resident following a Sell Order sent to Gold Reserve must exclusively be subject to the regime of capital gains on movable property and to social security contributions (application of an overall rate of 36.2 %).
In this respect, the Client will complete a cerfa form no. 2048-M, which must be filed with the Registration Office of the tax office (S.I.E.) on which they depend, within the month following each sale of Products carried out with Gold Reserve. The cerfa form will be pre-filled monthly by Gold Reserve and accessible from the Client Account.
By accepting these general terms and conditions, the Client acknowledges having had the opportunity to consult their usual tax adviser on the consequences of the capital gains regime and on the reporting obligations linked to this choice.
If the Client does not wish to opt for the capital gains regime but for that of the flat-rate tax on precious metals, they must, on an exceptional basis, contact Gold Reserve.
Generally speaking, any tax, duty or other charge payable under the regulations applicable to the Transactions is borne exclusively by the Clients.
We draw your attention to the fact that this presentation is not intended to constitute tax advice and may not engage the liability of Gold Reserve. Clients’ attention is drawn to the fact that tax provisions change regularly. In case of doubt, a tax adviser should be consulted.
11 | Fees
The operations carried out online by the Clients are subject to the payment of fees, as specified below:
11.1. Shipping fees :
In the event of a request for delivery of the Products purchased by the Client, a cost for the transport of the goods will be invoiced according to the carrier’s pricing schedule in force. We are referring here to shipping fees (to the home) and insurance per shipment (each shipment not being able to exceed 100,000 € due to the limitation of the insured amount).
These fees will be added at the time the client’s order is finalised. These shipping fees will be deducted by Gold Reserve directly from the client’s cash account. The detail of the amount of these shipping fees will always be visible on the client’s invoice.
11.2. Storage fees
In the event of a request for storage of the Products purchased by the Client, a flat rate depending on the value stored will be invoiced as storage and insurance fees.
11.3. Other Fees
The various fees (Handling, insurance, etc.) are included in the price of the Transaction invoiced to the Client.
The fees mentioned in this article 11 are liable to change according to the rates charged by our partners.
The fees to be taken into account are those in force on the date of the Transaction.
12 | Ownership of the information and data published on the Site
The content of the data and information provided by Gold Reserve on the Site as well as all the texts, images, sounds and illustrations contained on the Site are the exclusive property of Gold Reserve or of the expressly designated rights holders.
No reproduction of the information and data of the Site may be made without the express authorisation of Gold Reserve.
13 | Transfer of risk
The risks of loss or deterioration of the stored Products remain borne by Gold Reserve.
In the event of a request for delivery of the Products purchased, Gold Reserve bears the risks of loss or deterioration until receipt of the Products by the Client. Any loss or incident linked to the receipt of the Products must immediately be reported to Gold Réserve via the support accessible from the Client Account.
In the event that the total amount of the Products delivered is greater than the ceiling mentioned on the Rates page of the site, additional insurance fees may be requested from the Client.
14 | Personal data
Gold Reserve attaches particular importance to the protection of the personal data it may be led to collect concerning its Clients.
The data collected is necessary for processing the Transactions requested.
Only the data marked with an asterisk must compulsorily be provided.
Please note that we request access to your data such as surname, first name, reference Bank Account, etc. because this data is essential to carry the Transactions through to completion. If you do not provide the information requested and presented as compulsory, You will not be able to benefit from our Services.
In any event, this data is collected, recorded and stored in accordance with the provisions of the French Data Protection Act of 6 January 1978 in its version in force on the date hereof, as well as with Community regulations.
Each Client has a right of access, modification, rectification and erasure of the personal data concerning them, in accordance with the provisions of the applicable regulations.
The right of access, modification, rectification and deletion provided for in the preceding paragraph is exercised at the following address: Gold Reserve 10 Avenue de la Grande Armée 75017 Paris and at the following email address: contact@goldreserve.fr.
The data collected by Gold Reserve is reserved for its internal use and is not the subject of any commercialisation to third parties. It may in no case be communicated to third parties, unless you have expressly authorised it when you filled in our online forms or when this communication is necessary to carry out the Transaction requested, in particular with our banking partner or our refiner partners.
Gold Reserve keeps the data collected as long as the Client’s Account has not been closed.
In the event of closure of the Client Account, the data linked to the Client is kept for a period of three months so as to be able to manage any incidents linked to the closure of the Client Account. At the end of this three-month period, the data linked to each Transaction carried out while the Client’s Account was still active is archived and kept for the duration of the legal limitation period. Furthermore, for all Investment Gold operations of an amount equal to or greater than 15,000 €, Gold Reserve keeps this data for six (6) years in support of its accounts in accordance with the provisions of article 298 sexdecies E of the French General Tax Code.
When a piece of data has been archived, only the legal officer of Gold Reserve, or their representative, may access the data, and only in the context of a dispute with the Client or to respond to requests from the administration or the courts.
Cookies may be installed automatically on the browsing software when it accesses the Site.
A cookie is an element that does not make it possible to identify the visitor but serves to record information relating to their browsing on the Site. The browser settings may make it possible to refuse cookies according to the procedure described in the « Internet Options» tab of the browser.
In the event of difficulty in enforcing your rights regarding personal data, you may refer the matter to the CNIL or any competent authority.
15 | LEGAL WARRANTY
Gold Reserve is liable for the conformity defects of the Products it sells under the conditions of article L. 217-4 et seq. of the French Consumer Code and for hidden defects under the conditions provided for in articles 1641 et seq. of the French Civil Code.
The non-professional Client who acts under the legal warranty of conformity:
– has a period of two years from the delivery of the Product in which to act;
– may choose between the repair or the replacement of the Product, subject to the provisions of articles L.217-9 and L.217-10 of the French Consumer Code,
– is exempted from providing proof of the existence of the conformity defect of the good during the 24 months following the delivery of the Product, except for second-hand goods, for which this exemption is valid for 6 months.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
The Client may decide to invoke the warranty against hidden defects. In this case, they may choose between the rescission of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.
16| Liability
Gold Reserve is not intended to advise the Client on the advisability of Orders or Sell Orders of the Products.
Gold Reserve moreover in no way guarantees the realisation of a capital gain by the Client.
The liability of Gold Reserve may in no case be engaged in the event of failure of the means of telecommunication, of the server hosting the Site or any website, or of non-receipt of the emails or letters sent by the Client.
The data accessible from the Site is published for purely indicative purposes and may not replace the information delivered by official bodies.
The Client acknowledges the right of Gold Reserve to temporarily interrupt access to the Site, when the latter or any linked server is the subject of an updating or maintenance operation. In this case, Gold Reserve will endeavour to limit the inconvenience for Clients by reducing the interruption period to the minimum time necessary to carry out the operation in question.
The liability of Gold Reserve may in no case be engaged for an amount greater than ten per cent of the Orders and Sell Orders carried out by the Client during the year in which the event giving rise to liability occurred.
Gold Reserve may not be held liable for the non-performance of its obligations in the event of force majeure, of a fortuitous event or of a cause beyond its control, such as in particular: natural disaster, war, earthquake, fire, explosions, riots, intervention of governmental authorities, bad weather, water damage, malfunction or interruption of the electricity or telecommunications network.
The liability of Gold Reserve may in no case be engaged in the event that it makes a transfer to a reference Bank Account whose details the Client has provided incorrectly.
17 | Money laundering
The Client undertakes not to carry out any operation, through Gold Reserve, that could be likened to the laundering of capital acquired in the context of illegal activities.
In addition, Gold Reserve is required to keep an up-to-date « police register », which may be communicated to the judicial authorities at their request.
To this end, any Client who wishes to carry out a Transaction through us must provide, at the same time as the opening of their Client Account, a copy of their valid identity document as well as a proof of address.
The Client undertakes to answer any question asked by Gold Reserve and to provide it with any necessary information, in the context of the anti-money laundering checks carried out periodically by Gold Reserve.
Gold Reserve reserves the right to refuse a Transaction and to close a Client Account immediately, under the conditions mentioned in article 7 hereof, when it appears, in all likelihood, that the contemplated Transaction is linked to the laundering of capital.
18 | Contact
You may contact Gold Reserve by writing to us at the following address: Gold Reserve, 10 Avenue de la Grande Armée, 75017 Paris or by telephone on 09 72 52 18 24 (free call from a landline), or by email at contact@goldreserve.fr.
We will endeavour to answer your request as soon as possible.
19 | Miscellaneous
In the event of nullity of one of the provisions of these General Terms and Conditions, it will be replaced by a provision whose content will be as similar as possible to the annulled provision, provided that the new provision is balanced and does not prejudice the rights of the Clients.
The headings of the articles of these General Terms and Conditions appear only for convenience and in no way affect the meaning of the provisions to which they refer.
No act of tolerance by Gold Reserve, even repeated, may constitute a waiver by it of any of the provisions of these General Terms and Conditions.
No specific condition may, save with the formal and written acceptance of Gold Reserve, prevail over these General Terms and Conditions.
20 | Applicable law and competent courts
These Terms are governed by French law.
In the event of a disagreement, the Client may send their complaint in writing to contact@goldreserve.fr.
If the disagreement with Gold Reserve persists despite their written complaint, the non-professional Client may, in an attempt to settle it, refer the matter to one of the consumer mediators whose contact details appear on the following link https://medicys.fr/
The procedure for referring a matter to the mediator is described on their website.
The referral to the mediator by the Client must take place within a maximum period of one year from their written complaint to Gold Reserve.
In the absence of an amicable resolution, any difficulty relating to the validity, interpretation or performance of these Terms will fall within the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, except in the event of a different attribution of territorial jurisdiction under consumer law.
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