General Terms and Conditions

1. Glossary

In the General Terms and Conditions, terms beginning with a capital letter have the following meaning:

 

Customer: any individual or entity who enters into a transaction of sale, purchase, or storage of a Product(s) with Goldavenue SA.

 

Customer Service: The service in charge of handling Goldavenue SA’s customers.

 

GOLD AVENUE: Goldavenue SA, entered in the Register of Geneva (CH) under registration number CHE-297.540.011.

 

GTC: General Terms and Conditions of sale of Goldavenue SA.

 

Order(s): all orders, including sale order and purchase order.

 

Order Confirmation: the Order confirmation sent by email to the Customer and/or via the Customer account.

 

Order Date: the date on which the Order is placed by the Customer.

 

Person of contact: individual person indicated by the Customer if Customer is no longer reachable.

 

Product(s): each and all products offered on Goldavenue SA’s Website, such as gold, legal tenders, minted coins, minted bars.

 

Storage: the storage of precious metals products bought on GOLD AVENUE and directly stored in GOLD AVENUE’s vaults.

 

Website: the website www.goldavenue.com

 

Working days: the days of the week, excluding weekends and public holidays officially recognized by the cantonal legislation applicable to Goldavenue SA.

 

2. Scope and contractual partners

2.1 By using the Website and other services provided by GOLD AVENUE, including placing purchase Order(s) (see article 5 below), sale Order(s) (see article 10 below) with GOLD AVENUE, or storing Product(s) in GOLD AVENUE’s vaults, the Customer agrees to these GTC and their application. Any written document and/or any other particular condition contained in documents issued by the Customer cannot prevail over these GTC without GOLD AVENUE’s express prior written consent. These terms apply to all Orders, all sales, all purchases, and the Storage of all Products stored in GOLD AVENUE’s vaults, whether made through the Website, by telephone, or otherwise.

 

2.2 The Customer must be at least 18 years old, capable of discernment, and not under a curatorship of any kind to place an Order through the Website, which they confirm when opening an account, placing purchase Order(s), sale Orders with GOLD AVENUE, or storing Products in GOLD AVENUE’s vaults. Each Customer is only allowed to open one (1) account under his/her or any other name, on GOLD AVENUE.

 

2.3 The operator of www.goldavenue.com and the contractual partner of GOLD AVENUE is:

GOLDAVENUE SA

Promenade De Saint-Antoine 10

1204 Geneva

Switzerland

Registered in the Register of Geneva under registration number CHE-297.540.011 

represented by its managing director, with the joint signature of two, Mr. Alessandro Soldati.

 

3. Risk and Investment advice

3.1 The price of Product(s) sold by GOLD AVENUE depends on the financial market’s fluctuations.

 

3.2 All investments involve some level of risk. If the Customer is considering purchasing precious metals as an investment, he/she should assess the current market and contact his/her financial advisor for any advice. The Customer agrees that GOLD AVENUE does not provide any advice on the opportunity to invest into, disinvest from, or remain invested in, a particular precious metal.

 

3.3 The Customer further agrees that any transaction made with GOLD AVENUE and/or Order(s) placed on this Website is at his/her own risk.

 

4. Information mentioned on the Website and Shipping fees

4.1 Although GOLD AVENUE strives to inform the Customers in the most complete and diligent possible way, the photos, videos, and texts illustrating and describing the Products, as well as the state of the stocks mentioned on the Website, are not contractual and are provided for information only.

 

4.2 The prices shown on the Website are denominated in U.S. dollars ($), EURO (€), GBP (£), and Swiss francs (CHF). They do not include tax, shipping, payment, and other costs.

 

4.3 GOLD AVENUE indicates on the Website the countries to which shipping is possible and reserves the right to modify this list of countries at any time. If the Customer requires shipping to an unlisted country, he/she shall contact GOLD AVENUE’s Customer Service (info@goldavenue.com, Tel. +41-22-552-30-11) for a cost estimate, if available.

 

4.4 Shipping fees are calculated and are payable per Order, where consolidated dispatch of multiple Orders as a single unit is not possible for technical reasons. GOLD AVENUE insures all of its Order(s) shipments to the Customer for the sale price of the (enclosed) Product purchased from GOLD AVENUE or, for Product(s) stored with GOLD AVENUE, for the metal value at the moment the delivery is requested.

 

4.5 The Customer acknowledges that without limiting any of the foregoing, the Products and the services provided by GOLD AVENUE and their respective information, pricing and data, and availability are subject at any time and from time to time to human, mechanical, typographic or other errors, oversights, mistakes, limitations, delays, service interruptions, (i) including, without limitation, which may be due in whole or in part to, related to or arising out of GOLD AVENUE’s or GOLD AVENUE‘s providers computer hardware and software, telecommunication and operating systems, databases, or business processes and procedures, (ii) as well as other problems inherent in, or which may be associated with, the use of the internet and electronic communications including, without limitation, force majeure events as well as government, regulatory and acts and omissions of third parties affecting or impacting the Products and the services provided by GOLD AVENUE, its information and data, or such communications. Consequently, the Customer will not hold GOLD AVENUE responsible and/or liable, in any way whatsoever, for any delays, failure, or other loss due to, caused by, or resulting from any of the problems described here above, in whole or in part.

 

4.6 All copyrights, trademarks, and other intellectual property rights on the GOLD AVENUE Website and any web pages, documents, advertising, or any additional support shall remain at all times the sole and exclusive property of GOLD AVENUE or the third-party owners. The Customer shall have no right or interest in such intellectual property rights except for the non-exclusive right to access and use them as specified under this or any other agreement with GOLD AVENUE. The Customer shall not copy, modify, decompile, reverse engineer, alter or make derivative works of GOLD AVENUE’s intellectual property rights or how they operate unless under the express agreement of GOLD AVENUE.

 

5. Buying from GOLD AVENUE

5.1 GOLD AVENUE’s Products presentation on the Website does not constitute a binding offer but is merely an invitation for the Customer to deal with GOLD AVENUE.

 

5.2 By clicking on the "Place your order" button, the Customer makes a binding offer to GOLD AVENUE to purchase the Product(s) concerned at the price indicated on the Website. The Customer will then receive an automatic Order Confirmation from GOLD AVENUE.

 

5.3 Before clicking on the “Place your order” button, the Customer can view and change his/her Order directly in his/her Cart.

 

5.4 The Order Confirmation constitutes the acceptance of the Order by GOLD AVENUE and forms a binding contract between GOLD AVENUE and the Customer.

 

5.5 Important notice: once the Order Confirmation has been sent, the Customer cannot cancel or withdraw from his/her Order.

 

5.6 Execution of the sale from GOLD AVENUE and Product’s shipping or Storage is expressly subject to the reception by GOLD AVENUE of the full payment of the total price of the Order.

 

5.7 GOLD AVENUE reserves the right to refuse, cancel, and terminate Order(s)/contract(s) at any moment before the delivery and at its sole reasonable discretion (mainly but not limited to non-payment on all or in part by the Customer) without any responsibility towards the Customer.

 

5.8 Cancellation of Order(s) by GOLD AVENUE is subject to GOLD AVENUE’s market loss policy (see article 12 below).

 

5.9 Important notice: Default by the Customer on payment of his/her Order(s)/Product(s) is subject to GOLD AVENUE’s market loss policy (see article 12 below).

 

6. Payment and retention of title

6.1 GOLD AVENUE currently accepts payments for Orders in U.S. dollars ($), EURO (€), GBP (£), and Swiss francs (CHF). The Customer can pay either with GOLD AVENUE Pay, bank transfer (two thousand Swiss Francs (CHF2,000.00) minimum Order and fifty thousand Swiss Francs (CHF50,000.00) maximum Order), credit card (3% priority payment surcharge), or DGLD (0.0005 DGLD fee).

 

6.2 All credit card payments are subject to a “Priority Payment” surcharge of the Order total to allow for same-day processing.

 

6.3 After placing an Order, the Customer will receive an invoice from GOLD AVENUE indicating the total amount to be paid for the Order. Until full payment of the invoice, GOLD AVENUE retains the full and extensive title of the Product(s). Delivery of Products, as well as reselling and gifting stored Products, shall only take place upon reception of the full payment.

 

6.4 Bank transfer payments must be instructed within twenty-four (24) hours of the Order Date, and all banking fees and commission fees are borne by the Customer. In a bank transfer payment, the invoice amount must reach GOLD AVENUE’s account no later than three (3) Working Days following the Order Confirmation issuance. The payment must originate from the bank account of the Customer who has placed the Order(s). All fees and costs linked to a refund by GOLD AVENUE of any payment should be borne by the Customer.

 

7. Transfer of Risk, Shipping, and taxes

7.1 All Product(s) shipped by GOLD AVENUE are insured during their delivery. The risk transfers to the Customer as soon as the delivery is deemed complete.

 

7.2 All Product(s) are shipped by GOLD AVENUE, at its discretion, by Swiss Post, UPS, Helveticor, or another internationally recognized carrier.

 

7.3 Products bearing the “VAT-FREE” label and indicated as stored in a Swiss Freeport are for Storage only and cannot be shipped.

 

7.4 Product(s) sent by registered and insured mail can take on average 1-10 Business Days to be delivered. This period is, however, purely indicative and not contractual. These estimated delivery times do not apply to Products bearing the "PRESALE" label for which GOLD AVENUE will provide a custom estimated delivery or Storage period.

 

7.5 In the event the Customer selects the "Shipping" option, delivery of the Product(s) shall occur at the agreed-upon address.

 

7.6 The delivery shall be deemed completed when the Product(s) has been handed over at the given address or pick-up location to a person indicating or claiming to be authorized. This person can be asked to prove his/her identity. Delivery to a mailbox, deposit box, etc. is not allowed and will not be insured.

 

7.7 If, for any reason beyond its control, GOLD AVENUE fails to deliver the Product(s), it may cancel the contract, and, subject to GOLD AVENUE’s market loss policy (please see article 12), any payments made will be refunded to the Customer. GOLD AVENUE’s rights, and particularly any offset for additional expenses, remain unaffected.

 

7.8 Transport/shipping costs, taxes, and risks inherent to the return of Product(s) (including if the carrier does not fill a calling card) for a reason attributable to the Customer (including but not limited to unclaimed Product, inaccurate or incomplete delivery address etc.) and/or to a possible reshipment are for the account of the Customer exclusively, as are the risks of storing the merchandise returned.

 

7.9 GOLD AVENUE will not reship any Order unless and until it is paid in full for any return shipping costs, duties, taxes it has had to pay, or advance for the Customer, as well as any subsequent fees to ship the Product back to the Customer.

 

7.10 For insurance purposes, delivery of Products exceeding twenty-five thousand Swiss Francs (CHF25,000.00) in total value, or 30 kg, will be split into several packages. For these Products, GOLD AVENUE will use a dedicated shipping service.

 

7.11 The Customer may be subject to taxes and/or duties for his/her delivery Order(s) of Product(s) from GOLD AVENUE.

 

7.12 The Customer shall consult his/her local customs for more information on duty and tax rates. GOLD AVENUE always declares the full value of the shipment on any customs form. There are no exceptions to this rule.

 

7.13 All duties and taxes must be paid by the Customer at the latest on delivery of the Product(s). GOLD AVENUE shall not be held responsible for the payment of any duties and/or taxes that are the Customer’s exclusive responsibility.

 

7.14 Important notice: The Customer must refuse any shipment which appears to be damaged or tampered with as the shipping insurance ends once the delivery is deemed complete. When refused, the package(s) will return to GOLD AVENUE for inspection. Customers must immediately submit a complaint by email to the GOLD AVENUE Customer Service to preserve any associated rights against the shipper/carrier.

 

7.15 If there is any disruption in the delivery of Product(s), the Customer agrees to cooperate with GOLD AVENUE in any investigation or claim process and to take every reasonable action requested of him/her in the process. Failure to fully cooperate will jeopardize coverage that may be provided to the Customer.

 

8. Storing Product in GOLD AVENUE’s vaults

8.1 GOLD AVENUE guarantees that Product(s) owned by the Customer are physically stored in GOLD AVENUE’s dedicated and segregated vaults. The Customer retains the full title of his/her Products stored with GOLD AVENUE.

 

8.2 GOLD AVENUE is a private Swiss company with all its assets held outside of the banking system. When stored in the secure Swiss locations operated by GOLD AVENUE’s service provider, Product(s) are insured based on current market values and protected against physical loss, theft, and/or damage.

 

8.3 Through his/her personal online GOLD AVENUE account, the Customer can ask for the delivery of his/her Product(s), or sell to GOLD AVENUE all or some of his/her Product(s), at any time. The Customer has online access to his/her Customer account that shows the status of his/her Product(s).

 

8.4 When the Customer wishes to ship Product(s) held in Storage, he/she is subject to the shipping costs in effect. All costs related to the shipping of the stored Products, duties, and/or taxes are exclusively for the account of the Customer.

 

8.5 Products bought and stored with GOLD AVENUE are subjected to Swiss VAT rates.

 

8.6 GOLD AVENUE shall not deliver stored Product(s) to the Customer until reception of the shipping costs.

 

8.7 Important notice: A Customer account will be considered inactive after presenting no login attempts from the Customer for a period exceeding three (3) years from the last login, and after GOLD AVENUE has made clear and significant yet unsuccessful attempts to reach the Customer and/or Person of Contact. In the event of a Customer account with existing Stored Product(s) becoming inactive, GOLD AVENUE reserves the right to sell the Product(s), charging administrative fees of three hundred Swiss Francs (CHF300.00), at the Customer’s risk. Within 360 days from the sale, the Customer and/or Person of Contact shall be entitled to request the reimbursement of the net result of the sale. GOLD AVENUE’s rights, and particularly any offset rights, remain unaffected.

 

9. Storage Fees

9.1 As mentioned on the “Storage Fees” page of the Customer’s GOLD AVENUE account, GOLD AVENUE offers to its Customers with an account opened before 20/07/2021 free Storage for all portfolios up to 10 kg per metal. Above 10 kg per metal, the Customer shall pay a monthly Storage fee based on an amount equal to thirty (30) basis points (0.3%) per year of the market value (as defined below) of all of his/her Products in Storage above 10 kg per metal during the period to which the invoice relates.
GOLD AVENUE offers to its Customers with an account opened on and after 20/07/2021 the Storage fees and conditions presented on the Storage solution page of its Website.
Based on the conditions presented on the Storage solution page, for all portfolio values below one hundred thousand Swiss Francs (CHF100,000.00), the Customer’s portfolio value is calculated on the first day of each month, for the previous month, based on the market value (as defined below) of all of his/her Products in Storage at the time of calculation. For all portfolio values above one hundred thousand Swiss Francs (CHF100,000.00), the Customer’s portfolio value is calculated daily, based on the market value (as defined below) of all of his/her Products in Storage at the time of calculation.

 

9.2 The market value of each Product is calculated each day at the market price as of 4:00 p.m. (GMT+1) as quoted by GOLD AVENUE on its Website (www.goldavenue.com).

 

9.3 The Customer agrees to pay the fees and hereby authorizes GOLD AVENUE to automatically charge the Storage fees to a credit card, a GOLD AVENUE Pay account, or a debit card designated by the Customer on a monthly basis. Such fees shall be paid in full by the Customer. If the Products are sold to GOLD AVENUE or shipped under the Customer’s request, the Storage fees shall be calculated on a pro-rata basis until the Products are effectively sold and/or shipped.

 

9.4 Fees and charges shall be due and payable within thirty (30) days of the date shown on the Customer Invoice. The Customer is responsible for all transaction fees. If the payment cannot be charged on the credit card, GOLD AVENUE Pay account, or debit card designated by the Customer, or if a charge is rejected for any reason, including chargeback, GOLD AVENUE may in its sole discretion, exercise any one or more of the following remedies:
(i) Assess a late fee equal to the greater of thirty Swiss francs (CHF30.00) per month or one and one-half percent (1.5%) per month of any amounts past due, for so long as the past due amount remains unpaid; The Customer must also pay, and has full responsibility and liability to GOLD AVENUE for all fees and costs associated with GOLD AVENUE’s efforts in collecting from him/her;
(ii) Refuse to accept or honor any Order or instructions from the Customer for any further deposits into, and/or any funds withdrawals from, the account ;
(iii) No future operations by the Customer will be permitted unless and until all fees and charges are paid in full ;
(iv) Sell part of the held Products to cover unpaid fees and charges and offset any amount due by GOLD AVENUE with any amount due by Customer.

 

9.5 Important notice: Following not less than a sixty (60) days written notice, which may be sent via regular mail or email, GOLD AVENUE reserves its right to change its Storage fees in its free and complete discretion, without being required to indicate the reasons. Within thirty (30) days from receipt of the notice, the Customer may refuse the new Storage Fees in writing. During the same period, the Customer shall give GOLD AVENUE written instructions to deliver her/his Products at a specific address.

Transport/shipping costs, taxes, and risks inherent to the shipping of Products are exclusively for the Customer’s account. Delivery shall only take place upon reception by GOLD AVENUE of all applicable costs. Article 9.4 is applicable should the Customer fail to pay the costs. The Customer shall be deemed to have accepted the changes in fees if she/he fails to send a written refusal within thirty (30) days from receipt of GOLD AVENUE’s notice.

 

9.6 GOLD AVENUE shall maintain, directly and/or through one or more of its affiliates, insurance coverage issued by a reputable insurance company of such types and in such amounts as is commercially reasonable for a company operating in GOLD AVENUE’s industry.

 

9.7 GOLD AVENUE shall not be liable for any loss, damage, or destruction of Product(s) caused by force majeure.

 

10. Selling to GOLD AVENUE

GOLD AVENUE’s presentation on the Website does not constitute a binding offer but is merely an invitation to deal with the Customer. Once the Customer submits an offer by clicking on the "Sell" button, he/she submits to a binding offer. Before this, the Customer can view and change his/her offer at any time. Formally, the Customer submits his offer at the moment he/she clicks on the said button. The sale is accepted, and therefore the contract is concluded only from the moment GOLD AVENUE sends the Order Confirmation to the Customer. GOLD AVENUE reserves its right to refuse an Order in its free and complete discretion, without being required to indicate the reasons.
Once GOLD AVENUE has confirmed its Order, it credits the Customer’s GOLD AVENUE Pay account with the amount of the Order.

 

11. GOLD AVENUE Pay

11.1 GOLD AVENUE offers the possibility to the Customer to keep/retain funds on his behalf in anticipation of future Orders. This GOLD AVENUE Pay account can only be used as a deposit and payment system to settle transactions with GOLD AVENUE.

 

11.2 GOLD AVENUE can only accept deposits on the Customer’s GOLD AVENUE Pay account made from a bank account in the Customer’s name. All possible banking fees associated with a deposit on the Customer’s GOLD AVENUE Pay account will be at the charge of the Customer. Bank transfers from mismatching accounts will be reversed; it may take more than twenty-five (25) Business Days for the funds to be returned to the Customer. The Customer must pay and has full responsibility and liability to GOLD AVENUE for all fees and costs associated with GOLD AVENUE’s efforts to refund the payment from an account not in the Customer’s name.

 

11.3 The Customer can consult the state of his/her GOLD AVENUE Pay account deposit anytime on the Website.

 

11.4 The Customer cannot use his/her GOLD AVENUE Pay account as a savings account, and any abuse will be sanctioned by the immediate closure of his/her account. The Customer agrees to have full responsibility and liability to GOLD AVENUE for any abusive use.

 

11.5 The GOLD AVENUE Pay account has a limit of three thousand Swiss Francs (CHF3,000.00). Any amount on this account that exceeds this limit must be used or refunded on the Customer’s bank account within thirty (30) days. In the absence of any communication from the Customer within the given time range, GOLD AVENUE will automatically refund the amount subject to the deduction of a fifty Swiss Francs (CHF50.00) refund fee to the Customer’s bank account.

 

11.6 The Customer can ask to withdraw his/her funds or for a deposit return at all times. GOLD AVENUE will send the Customer the amount due on his/her bank account within 3-5 Business Days. This period is, however, purely indicative and not contractual. The bank account must be in the Customer’s name. All related banking or transaction fees are at the expense of the Customer.

 

11.7 Deposits on the Customer’s GOLD AVENUE Pay account shall not produce interests for the Customer.

 

11.8 The deposits made on the GOLD AVENUE Pay account must, in any case, be used or refunded within one (1) year from the deposit date. In the absence of any communication from the Customer within the given time range, GOLD AVENUE will automatically refund the amount subject to the deduction of a fifty Swiss Francs (CHF50.00) refund fee to the Customer’s bank account. All transaction fees are at the expense of the Customer.
If for any reason, such refund is not possible, GOLD AVENUE shall make clear and significant attempts to reach the Customer and/or Person of Contact. For these attempts, GOLD AVENUE may charge administrative fees of three hundred Swiss Francs (CHF300.00).
If such attempts were to remain unsuccessful within 30 days following the above-mentioned one (1) year period, GOLD AVENUE should be entitled to charge interest at a rate of 5 % per year with a minimum fee of fifty Swiss Francs (CHF50.00) per year.

 

11.9 The Customer undertakes to notify GOLD AVENUE of any change of name, address, e-mail address, and bank details.

 

12. Market loss policy

12.1 When buying from GOLD AVENUE, the Customer has a binding contract once GOLD AVENUE has issued an Order Confirmation number, the transaction price is therefore locked-in, and any corresponding market risk is transferred to the Customer.

 

12.2 In the event of default in payment of Products, on all or in part, GOLD AVENUE shall be entitled to retain or receive the positive difference of the Product’s price between the day of the Order is sent and the day on which payment is due.

 

12.3 Order cancellation by GOLD AVENUE, other than caused by GOLD AVENUE, is subject to GOLD AVENUE’s market loss policy (see articles 12.1 and 12.2) plus a fifty Swiss Francs (CHF50.00) cancellation fee.

 

12.4 The Customer must also pay GOLD AVENUE for all fees and costs associated with GOLD AVENUE’s effort to collect any amount due by the Customer.

 

12.5 No future Order or funds withdrawal through GOLD AVENUE Pay by the Customer will be permitted until the market loss is paid in full. GOLD AVENUE shall be entitled to charge the Customer from his/her GOLD AVENUE Pay to settle any unpaid market loss. Any market gain on Order cancellations shall be vested in and shall remain the property of GOLD AVENUE. Upon written confirmation by GOLD AVENUE of the payment of the fifty Swiss Francs (CHF50.00) cancellation fee plus the market loss, GOLD AVENUE will renounce civil liability actions against the Customer for any breach by him/her and all resulting damages to GOLD AVENUE.

 

13. Defects and liability for damages

13.1 In case of defects that are not apparent at the time of delivery against signature, the Customer must notify the Customer Service within three (3) Working Days from the moment that he/she received the Product(s) or the defect will be considered accepted.

 

13.2 When purchasing several Products, the defective nature of one of the Products, its replacement, or the impossibility of shipping said Product will not invalidate the entire purchase contract.

 

13.3 Once the claim is filed and the defect accepted by GOLD AVENUE, GOLD AVENUE reserves its right to re-ship the items at its own costs or refund the Customer at its discretion, and GOLD AVENUE shall have no further responsibility or liability to the Customer.

 

13.4 At the Customer’s request, GOLD AVENUE may, but is not obligated to, provide the Customer with an opportunity to exchange a Product for an identical Product in the event of a material defect. The Customer must receive a written confirmation that the exchange request has been approved.

 

14. Anti-money laundering and fight against the financing of terrorism policy

14.1 The management of GOLD AVENUE makes it a priority to comply with high anti-money laundering standards and combat terrorism financing practices.

 

14.2 GOLD AVENUE applies rigorously the following regulations designated to prevent money laundering in Switzerland:

  • Art. 305a and art 305b of the Swiss Penal Code;
  • Federal Act on Money Laundering (AML);
  • Articles of Association Romande des Intermédiaires Financiers (ARIF);
  • Regulations SRO of ARIF;
  • Directives of ARIF.

 

14.3 For the above-mentioned purpose, the Customer must supply and disclose to GOLD AVENUE the personal information needed for identification purposes if the Customer wishes to create, continue, or carry out the business relationship or a particular transaction. The Customer, as GOLD AVENUE’s contractual partner, is subject to a legal obligation to cooperate with GOLD AVENUE; when necessary, the Customer must provide GOLD AVENUE with the information and documentation necessary for identification purposes. All changes in the Customer’s personal situation must be notified to GOLD AVENUE as soon as possible.
In all cases, GOLD AVENUE requires from the Customer his/her name, first name, address, nationality, date of birth, and to confirm his/her email address. GOLD AVENUE always matches the contracting partner’s name between the given information and the credit card/bank payment details.

 

15. Return policy

After Delivery, no return or exchange will be accepted unless expressly accepted in writing by GOLD AVENUE. If GOLD AVENUE agrees to do so, such exchange must be made within seven (7) Working Days from the date the Customer receives confirmation that the return is accepted. After this time, the return will be automatically refused. The return must be made using the original packaging, against signature. The Customer is responsible for the risk of loss during the return shipment and for all the costs related to the return.

 

16. Communication

16.1 The Customer undertakes to notify GOLD AVENUE of any change in name, address, e-mail address, and bank details.

 

16.2 Any notification or communication shall be deemed received at the time of delivery or transmission, if delivered by email, registered post or courier, at the last physical or email address provided by the Customer.

 

17. Entire agreement

17.1 The provisions of these GTC express the entire agreement concluded between GOLD AVENUE and the Customer. They prevail over any proposal, exchange of letters before and after the conclusion hereof, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the GTC, unless an amendment is duly signed by both parties.

 

17.2 In the event of contradictions between the present English version of the GTC and any translated version accessible on the Website, the terms and conditions of the present English version of the GTC shall prevail.

 

18. Severability

18.1 If any provision of this agreement is legally ineffective, this shall not render the entire contract ineffective. Instead, the ineffective provision shall be replaced by a relevant and effective provision corresponding to its economic purpose. The same applies to any gaps in this agreement.

 

18.2 GOLD AVENUE reserves its right to make changes to the GTC at any time. These GTC may be revised at any time, in which case this page will be modified accordingly. The Customer must, from time to time, consult this page in order to become aware of any changes made, as they incur to his/her responsibility.

 

19. Protection of personal data

19.1 To be able to use services proposed by GOLD AVENUE and place Orders on the Website in particular, the Customer has to create an account that he/she can modify or delete at any time. Were the Customer to delete his/her account, GOLD AVENUE will only keep, for legal reasons, an anonymized copy of the Customer’s data. Personal information has to be given with exactitude. Without these pieces of information, GOLD AVENUE cannot treat any Orders or transactions.

 

19.2 Any personal information registered on the Website (address, purchases) is treated in the strictest confidence.

 

19.3 At any time, the Customer can modify or delete his/her personal data on the Website (address, purchases, etc.) under “Profile” and “Address.”

 

19.4 Credit Card information is never in GOLD AVENUE’s possession, any transaction being directly conducted in a secured manner by our payment partners. Bank information provided by the Customer for wire transfer payments and funds withdrawals is stored on GOLD AVENUE's servers and used solely for the aforementioned purposes.

 

19.5 The Website uses permanent cookies. The latter simply provides Customer transactions registration and aims to facilitate their upcoming visits on the Website or future Orders and adapt the offer to their preferences. It is possible to authorize cookies in the security parameters of the web browser in use.

 

19.6 GOLD AVENUE uses the web user’s data via Google Analytics in an anonymous way in order to obtain analysis concerning the usage of the Website. Google Analytics solely provides GOLD AVENUE internal market surveys to adapt the Website’s organization to the Customers’ needs.

 

19.7 GOLD AVENUE does not communicate data related to its Customer base, the only exception being its service providers having to assist in the execution of online sales or to accomplish statistical analysis. This information remains strictly available to each of these auxiliary services to perform the tasks entrusted by GOLD AVENUE (treatment of Orders or payments, shipping, credit investigation, or statistical analysis). These service providers are themselves subject to the legislation on the protection of personal data.

 

20. Applicable law and jurisdiction

20.1 These GTC and all transactions made with GOLD AVENUE are governed by and construed in accordance with the laws of Switzerland without regard to conflicts of laws principles that would require the application of any other law.

 

20.2 Any and all disputes arising out of or in connection with the relationships and/or transactions between GOLD AVENUE, on the one hand, and the Customer, on the other hand, shall be subject to the exclusive jurisdiction of the courts of the Canton of Geneva, subject to an appeal to the Federal Court in Lausanne.

 

 

Updated on October 18, 2021.

The General Terms and Conditions are protected by copyright. Any reproduction, distribution, or other use of the General Terms and Conditions, even in a modified form, is prohibited except to obtain the author’s prior written consent. Unauthorized use of the General Terms and Conditions of Sale will be legally pursued.