WEBSITE TERMS OF USE
1. GENERAL CONDITIONS
AUROME SMART S.R.L (herein “we”, “us”, “AUROME SMART S.R.L” or “Online Store”) is intended for purchase and sale of investment gold bars.
These Website Terms of Use (“Terms”) govern your use of our website located at www.gigaurum.com (“Site” or “Website”) and form a binding contractual agreement between you (“User”, or “Buyer”) and AUROME SMART S.R.L.
Take Notice: As these Terms form a binding contract with you, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us through e-mail info@gigaurum.com
This Website is administered by AUROME SMART S.R.L . By using the Site you acknowledge and agree that you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them, including but not limited. If you do not agree to these Terms, you may not use the Site.
Other than the content you own, under these Terms, we own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
2. MAKING A PURCHASE
2.1 Registration of the account
To buy investment gold from AUROME SMART S.R.L it is necessary:
i. — To register in the Online Store subject to these Website Use Terms and Conditions (an approved registrant being herein a “Buyer”); and
ii. — To choose gold bars and submit an order.
2.2 Payments
2.2.1 Payments may be made by Credit Card, bank transfer, by Gift Card issued by Online Store, or through a special payment system authorized by us.
2.2.2 We are authorized to verify any payments made by you whether by credit or debit card, or bank transfer in order to prevent fraud. Delivery of any Gold will only be carried out in the name of the payee.
a. In situations where the credit card/account holder and the person named on the preliminary invoice are different, verification of identity may be required. This may cause a delay in the purchase process.
b. If the requested proof of identity is not provided within three working days from the date of payment, or if there are any doubts about the authenticity of any transaction, we reserve the right to cancel the transaction.
c. If we cancel a transaction any amount received, excluding valid bank charges, will be credited back to the card or account holder (as applicable).
2.2.3 AUROME SMART S.R.L will send an invoice to the Buyer. An invoice will be sent to the Buyer’s e-mail stated at the registration.
As the gold market price may change several times a day, a Buyer must make a bank transfer of cleared funds and send a copy of payment by e-mail to the delivery department within 24 hours.
If payment confirmation for the Order is not received by AUROME SMART S.R.L within 24 hours of an Order being submitted, the Order will be canceled.
2.3 Quantity
You will select the quantity from the Online Store.
2.4 Brand of product supplied
Branding is dependent upon supply and country rules under which you will take physical possession. Accordingly, you accept that whilst the Company will take reasonable steps to ensure you receive product from your preferred refinery, the Company reserves the right to supply gold bars from a different refinery, provided it is of equivalent purity.
3. DELEGATION
3.1 You understand that for regulatory reasons the Online Store might need to delegate certain tasks from these Terms to third parties (assignees) depending on the country where physical gold is to be picked up by you, to preserve compliance, best practice and your interests. Such tasks might include but are not limited to:
a. the actual handover of physical gold;
b. the gathering of additional and more detailed buyer`s information as well as further identification of the buyer.
3.2 You agree to such delegation, and the transfer of your data submitted to the Online Store to the said assignee of the Online Store. You are willing to enter in a respective limited contractual relation with an assignee as well as to issue additional information as might be required by local regulations to ensure you are best able to collect your purchase.
4. UPON SETTLEMENT OF YOUR PURCHASE
Once you have purchased Gold from us, you will receive the gold by courier (delivery fees will be charged).
5. DELIVERY
5.1 Delivery is effected within 14 days after the purchase or 14 working days if an appropriate customs declaration is required.
5.2 Delivery cost is specified by the relevant courier service depending on the country of destination, the cost of the content and insurance if applied.
6. RETURN OF PURCHASED GOODS
Purchased goods can be returned within 14 days from receipt, if not used, unsealed with abnormal presentation. The costs of returning the goods shall be covered by the buyer.
7. EXCLUSION OF LIABILITY
To the full extent permitted by law, we exclude all:
a. liability in respect of interruption of business or any consequential or incidental damages including with respect to use of the Website;
b. warranties or terms (whether express or implied) other than those expressly set out in these Terms;
c. liability for errors, negligence, delay or inability to execute orders to make payments. Any requests are processed by us on a best effort basis.
8. LEGISLATIVE CONSIDERATIONS
These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
a. in the case of goods: the replacement of the goods or the supply of equivalent goods.
b. in the case of services:
(i). the supply of the services again; or
(ii). the payment of the cost of having the services supplied again.
9. YOUR LIABILITY
You are liable for any loss suffered by AUROME SMART S.R.L (including but not limited to consequential loss), which results from:
a. your fraud or negligence;
b. your breach of these Terms;
c. the unauthorized access to or use of your account through the Online Store and to which you have contributed by your failure to comply with these Terms. This includes, but is not limited to, situations where you:
(i). select an unsuitable Online Store password;
(ii). fail to reasonably safeguard your Online Store password; or
(iii). unreasonably delay notifying us of the actual or suspected disclosure to any other person of your Online Store password, or that there has been or you suspect there has been unauthorized access or activity on your products.
10 PRIVACY POLICY
10.1 Our policy
10.1.1 We are committed to taking all reasonable steps to guard your privacy and protect your personal information. We maintain the security of our servers where your information is stored. This notice explains our Privacy Policy and practices and applies to all information collected by us from you or submitted to us by you, including by way of our websites, software, web widgets, feeds, applications for third party websites and services, our mobile services all being owned, controlled, licensed or offered by us.
10.1.2 We are committed to protecting your personal data and will not disclose it to any third party except as explained in our Privacy Policy. We may share personal data with subcontractors that provide services to us. These services may include assistance to provide our services, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information.
10.2 Discretion
10.2.1 In the event that we become aware or reasonably believe that you are involved in activities which are illegal in any jurisdiction which we consider relevant (at our absolute discretion), then we reserve the right to co-operate fully with government agencies in any part of the world and will not be bound by any duty of confidentiality to you; and you irrevocably indemnify us accordingly and hereby authorize us to so disclose details about you to those authorities.
10.2.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that personal data we hold under our control is protected against:
a. loss; and
b. access, use, modification, or disclosure, except with our authority.
10.2.3 Your account information is accessible online only through the use of a password. To protect the confidentiality of personal data, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.
11. CANCELATION OF ONLINE STORE ACCOUNT
11.1 Per your request
You may request that we cancel your access to the Online Store account at any time. To do this you must notify us by e-mail. You will remain responsible for any transactions made on your products and fees incurred until your access has been cancelled.
11.2 Cancellation and suspension
11.2.1 We may cancel your access to the Online Store account at any time by giving you 14 calendar days’ notice.
11.2.2 We may suspend or cancel your access immediately:
a. upon your death, bankruptcy or if we become aware that you lack legal capacity;
b. if you breach these Terms;
c. to comply with a court order or other legal requirement;
d. if we are notified of a dispute over the funds you provided as payment, or the operation of, or delivery of a product; or
e. if we have reason to believe your access has been compromised.
11.2.3 If your account is cancelled for any reason, we may, at our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or the services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so.
11.2.4 Following cancellation, you will not be permitted to access to the account. If your account or your access to the Website is cancelled, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website or services.
12. COMPLAINTS
We maintain a procedure for handling any complaints by users, designed to ensure that a complaint is dealt with promptly and fairly. This is managed by our contracted help desk.
If you have a complaint about our services or products, you may refer your complaint:
(i). to the Company, through your account by using message box; then if it is not resolved
(ii.). to the team supervisor, customer care. The team supervisor may be contacted as follows:
by email at info@gigaurum.com.
13. GOVERNING LAW
These Terms are governed by the laws of Romania and each party submits to the jurisdiction of the courts of Romania. Any action against us may only be taken in Romania; provided however that nothing in these Terms is intended to prevent us:
a. seeking, in any other court (or jurisdiction) orders whether granting interim relief or interim protective measures in support of or in place of proceedings to be brought before a court in Romania; or
b. seeking to enforce a judgement of a Romania Court in any other country.
You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
AUROME SMART S.R.L may assign or novate AUROME SMART S.R.L rights and obligation under these Terms and in respect of its agreement with you to another company, without your prior consent, provided that the assignee is then bound by these Terms.
Each provision of these Terms that is capable of surviving termination of these Terms will survive that termination.
These Terms will be binding on and inure to the benefit of the parties and their permitted successors and permitted assigns.
Terms may be changed at any time by us, as the same shall be published on the Website.