General Terms and Conditions for Switzerland

General Terms and Conditions of Purchase

The General Terms and Conditions hereafter apply to each transaction which takes place in a Gold Service office in Switzerland, between the seller and G&C Partners SA – Gold Service, a public limited company with its head office in La Chaux-de-Fonds (hereinafter G&C).

Declarations by the seller:

The seller declares and certifies that he/she has full civil and legal capacity. The seller declares that he/she renounces all sentimental and affective value for the jewels, items and other assets sold. He/she declares that he/she is aware that those assets are to be melted. The seller is informed that the weight in gold, silver or any other precious metal is valid for unworked metal.

Responsibility:

G&C accepts no responsibility or obligation to return jewels, items and other assets, and/or to provide compensation in the event of false statement or information by the seller. G&C reserve all its rights, in particular in terms of damages, against the seller in the event of false statement or information.

Terms and Conditions for Purchase:

G&C does not buy fancy jewellery or items that do not contain gold. The items that do not contain gold shall not be returned by G&C unless the seller requests it. Restitution shall be at the expense of the seller. G&C has no obligation to buy the gems that are included in jewels, items and other assets sold. The seller may remove them at his/her own expense or ask G&C to remove them. G&C shall not be held responsible for any damage (loss, degradation…) caused to the item during appraisal or valuation requested by the customer. In that case, unset costs shall be deducted from the amount due to the seller. On request, the value of the gem stones may be estimated. G&C has the right to make an offer to the seller to repurchase them; the seller is free to accept or decline the offer. On request, G&C may ask an expert appraisal by an independent gemmologist in order to determine the composition of the gem stone. The appraisal is issued with the name and for the account of the seller, and at his/her expense.

Certificate:

For each transaction, the buyer will get a certificate of purchase as a proof of purchase.

Confidentiality – Security:

G&C shall not lease or sell, to any third party, the seller’s name, data, credit card information or any other personal data without prior authorisation, this being of course subject to the requirement to cooperate and collaborate with the Police and judicial authorities.

G&C may modify its privacy policy at any time.

Applicable law and place of jurisdication:

This agreement shall be governed by Swiss domestic law and subject to the jurisdiction of the Canton of Neuchâtel law courts, and subject to appeal to the Supreme Court of Switzerland.

General Terms and Conditions for France

General Terms and Conditions of Purchase

The current General Terms and Conditions of Purchase are intended to define the transactional terms and conditions between G&C France – Gold Service and any private or legal person selling jewels, precious metals and items that contain metals, for any transaction concluded in a Gold Service office in France.

Section 1: Nature of the purchase

The G&C France company buys jewels, watches, semi-manufactured products and precious metals, in particular 24-carat, 22-carat, 21-carat, 19.2-carat, 18-carat, 14-carat, and 9-carat gold (yellow, white…), as well as platinum, silver and silverware… G&C France allows itself to resell the purchased products directly or to specialised customers. The customer shall sell the jewel entirely with no refund of the additional elements, unless he/she requests it. G&C France has no obligation to buy the gems stones assembled on the jewels. Therefore, the seller may remove them at his/her own expense or ask G&C France to have them removed. G&C France cannot be held responsible for any damage (loss, degradation…) caused to the item during appraisal or valuation requested by the customer.

Section 2: Price

1 – Price determination

The purchase of jewels and precious metals is made according to the spot price, the fineness and the weight of the items, excluding any taxes or fees charged by G&C France. Moreover, the customer may request a value estimation of the gem stones by an independent gemmologist. The appraisal is issued with the name and for the account of the seller, and at his/her expense.

2 – Payment

Payments are made to the seller, by bank check, letter-check or transfer by G&C France. Any fraud attempt or check fraud is punishable under criminal law. G&C France reserves the right to stop payment and lodge a complaint against the seller.

Section 3: G&C France’s responsibilities and obligations

Outside the withdrawal period according to the legislative process (Article L121-102 of the French ‘Code de la consommation’ – see appendix), G&C France accepts no responsibility or obligation to return jewels, items and other assets and/or provide compensation in the event of false statement or information by the seller. G&C France reserves all its rights, in particular in terms of damages, against the seller in the event of false statement or information.

Section 4: Responsibilities and obligations of the customer

The customer must be at least 18 years old and in possession of valid identification to make a transaction. The customer certifies that he/she is the owner of the jewels, items and assets sold, that he/she has not got them as a result of fraud, theft, fencing of any offense punishable under criminal law. The seller expressly states that he/she can make free use of the assets sold, without any restriction whatsoever, and that he/she acts on his/her own behalf only, with a full legal capacity. The seller declares that he/she renounces all sentimental and affective value for the jewels, items and other assets sold. The customer commits himself/herself to act honestly and in good faith with G&C France.

Section 5: Taxation applicable to precious metals or regime of capital gains

Article 150 VI of the French General Tax Code (CGI)

Any disposal of precious metals (gold, silver, platinum, palladium) made by individuals or legal persons that have their tax homes in France is subject to a fix-rate tax of 11.5% (11% corresponding to the tax on precious metals – ‘TMP’ – and 0.50% to the French Contribution for the Reimbursement of the Social Debt – ‘CRDS’) calculated on the sale price. Any disposal of jewels is subject to a fix-rate tax of 6.5% (6% corresponding to the tax on jewels and 0.50% to the French Contribution for the Reimbursement of the Social Debt – ‘CRDS’) but is exempt when the transfer price of the assets does not exceed €5.000. The tax is due at the time of sale to G&C France. The collection, declaration and payment of the tax are made by G&C France in accordance with French law.

However, the seller may opt for the capital gains tax ordinary system, provided that he/she can prove either the date and purchase price of the asset (nominative invoice) or that he/she has owned the asset for more than 22 years. In the latter case, the seller will be exempted from tax and shall have to fulfil the obligation to declare the sale and pay for the tax resulting from the sale. G&C France is not responsible for the information provided by the seller.

DATA PROTECTION STATEMENT

We, Gold Service, operate the www.gold-service.com online shop and the services that it offers. Therefore, we are responsible for the collection and use of your personal data, as well as their conformity with the Swiss law on data processing. The trust you place in us is very important to us, this is why we pay particular attention to data protection and ensure data security. We obviously conform with all legal provisions applicable. In order for you to know which personal data we collect and use, please do read the following information.

1. Scope and reason, processing and use of the personal data collected

I. When visiting www.gold-service.com

When you visit our online shop, our servers will temporarily record each browsing session in a protocol file. The following data will be collected without no action required on your part, and they will be stored until automatic deletion 12 months later.

– IP address of the origin server

– Day and hour of the visit

– URL name of the file visited/searched

– Website from which you linked to our site

– Operating system of your computer and navigator used

– Country from which you visited our site

– Name of your internet service provider (ISP)

The collection and processing of those data make it possible to use our online shop, ensure the security and stability of the system in a sustainable way, and optimize our web offer. We also use those data for internal sales statistics. The IP address would be analysed only in the event of an attack against our network on www.gold-service.com, or for statistical purposes.

2. When creating a user account

Entering personal data when creating a web account is optional. The following data must necessarily be true:

• First name
• Family name
• Email address
• Password

This information is essential to the correct functioning of our online shop, to check the data entered; it forms the basis, design and processing of the contract concluded by the interface of the user account. The email address and the password serve as login data. The data of the web account can be viewed and modified at any time by the customer. Furthermore, the customer can request the deletion of his/her account and the data collected.

3. When using the online shop as a registered customer.

When a registered and connected customer is visiting our site, we register data for statistical purposes and for a flawless use of the website.

We register in particular:

– how, how often, and with what intensity the site is used

– the duration of the activity on the online shop

– the purchasing behaviour.

4. When making a purchase

When you are purchasing an item on our online shop, we need some data to be able to serve you with high-quality service. Those data are:

– first name and family name

– postal address (street, building, apartment number, postal code, town)

– email address

– information requested for payment

– login data for the registered customers.

Some additional information is optional. If you are registered and you have a client account, your data will be stored for the next purchase.

2. Use of your data for advertising purposes

I. Newsletter I email advertising/ online advertising. When you registered on www.gold-service.com or made a purchase on our online shop, you gave your consent for the use of your personal data for advertising offers like emails with general information or advertising content, or customized offers. You will receive our newsletters only if you request it expressly. If you subscribe to our newsletters, your email address and your authorisation will be stored for advertising purposes only, until you unsubscribe to the newsletter. We are authorised to engage third parties to lead advertising campaigns and transfer your data to those third parties to that end (see also section 3.). If you have subscribed to the newsletter, your behavioural activity will be collected in anonymised form to statistically analyse the open and click-through rates. If you do not want your data to be collected, you can unsubscribe to the newsletter at any time.

2. Tell-a-friend

If you use the ‘tell-a-friend’ option, you will enter your first name, family name, and email address. You may write a personal message or not. Those data will be used to send your message and deleted immediately your message has been sent. It is your responsibility to make sure that the addressee agrees to receive your message.

3. Advertisement sent to existing customers

If you make a purchase via our online shop, your email address will be used to offer you similar items. You can make those messages stop at any time.

3. Transmission of data to third parties

Your personal data will not be communicated without your prior consent, except as prescribed by law, for example to assert our rights, in particular what is owed to us resulting from the agreed contract. Your personal data will be communicated if it is necessary to execute the contract. For that purpose, we will communicate the data to shipping companies, banks or other suppliers. Those parties shall use the data as part of the contract only, and for no other purpose whatsoever.

4. Solvency check

When the customer requests payment by invoice for his/her purchase, we have the right to check his/her legal residence and solvency; for that purpose, we will use a database that statistically reflects the non-payment risk; we will use your personal data, including your postal address. Obviously, that kind of request is secured and complies with all relevant legal requirements.

5. Communication of personal data abroad

Gold Service, 4 rue de Bonlieu, 74000 Annecy, is authorized to transfer your data to third companies abroad should it be necessary to execute the contract. Those third companies shall be required to respect data protection as we are. In the case a country does not have the same requirements as France in terms of data protection, we will make sure that the level of that protection is still at least of the same level as the French one.

6. Right to information, deletion and correction

At any time, you can ask us to inform you on the personal data stored, consult and modify those data by logging into your customer account. You must submit a written formal request with a proof of your identity. You can also request the deletion of your customer account at any time, or ask us to modify the data. You only need to send an email to info@gold-service.com. Please remember that, in that case, you will not be able to use our online shop any more. Your consent for the use of some specific data may be revoked at any time in the future. Please remember that legislation obliges us to keep some data for an unlimited period of time. Those data are secured in our system and will be used only as part of our legal requirements.

7. Data security

We take all the appropriate steps, both technical and organizational, to protect your personal data from any manipulation, partial or total loss, or any unauthorized access by third parties. Our security measures are continually adapted to technological developments and improved accordingly. After creating an account on our online shop, you can only log in by using your personal password. It is your responsibility to treat your payment information as confidential information. We recommend to always close your browser window after any communication with us, in particular if you share a computer with other people.

8. Contact person

Should you have any questions about the security of our online shop, or should you want some information about you or request the deletion of your data, please contact our data protection officer by sending an email to info@gold-service.com