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 GENERAL TERMS AND CONDITIONS

ACE is a trademark of ACE EVENTS & DEVELOPMENT LTD registered at the Commercial Court under company number 12660107, address 12a, White Friars, Chester, CH1 1NZ, United Kingdom. 

Any reference to "we" in this contract refers to ACE EVENTS & DEVELOPMENT LTD, hereinafter referred to as ACE.

These contractual terms set out the terms on which ACE will provide you with physical Gold and Diamonds and resale fulfillment services, and set out the rights and obligations that will apply between you and us. 

Execution is when ACE, acting on your instructions, arranges and/or participates in a transaction, for the purpose, with or for you, of buying or selling Physical Gold or Diamonds. 

If you do not understand any part of this contract, we invite you to contact us, or seek independent advice from a qualified adviser.

 

 

1. EFFECTIVE DATE OF THESE TERMS

1.1 This contract sets out the terms and conditions under which ACE will provide you with 

its services. 

1.2 By accepting these terms, you give us consent to use third parties, where appropriate, to provide you with depository or proprietary services, in relation to the trading, that we will conduct for you. , Gold and Physical Diamonds.

1.3 Nous vous fournirons des Services sur une base récurrente et ce jusqu’à ce que le présent contrat soit résilié, ou achevé selon les clauses 9 ou 11. 

1.4 Vous acceptez de ne pas utiliser nos Services dans un but illégal, abusif, diffamatoire ou dangereux ; vous attestez que vous êtes âgé de 18 ans ou plus, et que vous êtes en capacité d’accepter et d’exécuter vos obligations selon les termes de ce contrat. 

1.5 Nous nous réservons le droit de refuser l’ouverture d’un compte pour vous et de suspendre la fourniture de Services à tout moment. 

Des contraintes réglementaires peuvent s’appliquer, concernant l’offre de nos Services, à des résidents de certains pays en dehors de l’Union Européenne. Il vous est demandé de nous informer, lors de votre demande d’ouverture de compte, si vous résidez en dehors de l’Union Européenne. 

2. SERVICES

2.1 Subject to clause 12.1 below, ACE will deal with you on a principal or agent basis in physical gold and diamonds, for execution services only. 

2.2 We may advise you on the benefits of buying or selling physical gold and diamonds, or on trading strategies. 

However, this reflects our opinion only (it is not personal advice), and an order instruction from you signifies your unconditional and irrevocable agreement that it is your sole responsibility to Obtain personalized and appropriate advice (including legal, tax, financial, or investment advice) from others, and that as you see fit. 

2.3 We may agree to provide you with other services from time to time. In this case, these services will be determined in writing. 

2.4 We do not recommend using a product if you do not fully understand the risks involved. 

 

3. VERIFICATION AND CERTIFICATION OF GOLD AND PHYSICAL DIAMONDS SOLD

Physical gold and diamonds are verified and Certified to an appropriate standard by a Verifier, and transferred to you by executing and delivering to ACE, or its custodian, the ACE contract through a gold broker and physical diamonds, the mining company or the distributor, where such metals will be held by ACE, or its agents, as your agent or under your own name. 

 

4. PROVISION OF SERVICES AND OUR RESPONSIBILITY

4.1 Where we provide information to you, we will use all reasonable endeavors to ensure that such advice or information is accurate, but you hereby acknowledge that information provided by us to you may be based on information obtained from third parties and therefore may be incomplete. 

We can in no way be held liable, contractually, in the context of a tort (even in the event of negligence), for non-compliance with regulatory obligations, or otherwise, for any loss of profit, or any consequential damage or consequential arising out of or relating to the provision of the Services, and any costs, claims, liabilities, expenses or losses you may incur as a result of relying on the information or the Services. 

4.2 We undertake to monitor, and/or review your purchase at regular or other intervals, so this remains our responsibility. 

However, we may, at our discretion, contact you periodically with details of new products or suggestions for changes to the product portfolio you hold. 

4.3 Purchases of physical gold and diamonds are dependent on the performance of accredited companies and fluctuations in the trading markets, both of which are beyond our control. 

Past performance of trading physical gold and diamonds is not a reliable indicator of future performance, and on some purchases valuations may fluctuate up or down (not only due to the value of the product , but also because of currency fluctuations). 

 

5. INSTRUCTIONS

5.1 Any instructions regarding the handling of your purchase held with us, or our agents, or an intermediary broker, and which we process on your behalf, must be given to us either in writing (which, for the avoidance of doubt, includes faxes and electronic communications), or orally. 

5.2 We shall be entitled to rely on any oral or written instructions communicated to us and received by us. 

We may, at our discretion, refuse to accept any further instructions from you. We may accept your instruction by any means we deem appropriate whether verbal, in writing, by execution itself, or otherwise. 

5.3 We will not accept instructions from third parties unless a valid power of attorney has been issued to that effect. 

5.4 Sending an instruction to us by post or electronically does not guarantee timely receipt. 

5.5 We will use reasonable efforts to process your instructions in the order in which we receive them. 

5.6 Instructions can only be executed during normal business hours, ie between 8am and 5.30pm (London time), Monday to Friday, UK public holidays. 

This means that your instructions are not necessarily processed as soon as they are received. We will use reasonable efforts to process your instructions as soon as we receive them. 

 

6. COMMUNICATIONS

6.1 You can contact us by post, telephone or email. You should address your communications to ACE at the postal address, telephone number, or e-mail address provided to you by us. 

6.2 Communications between you and us are deemed to reach us: 

I. For postage, 3 working days after the date of dispatch, or 5 working days if sent to or from a location outside the UK;
II. For a fax transmission, the date displayed in the transmission report indicating that the entire fax was sent;

III. If sent by e-mail, the day after sending.

6.3 There may be a delay between receipt of a written instruction and its execution, but we record the date and time of receipt of the instruction and of its execution, and our records will be evidence of your instruction.

6.4 Orders can also be given by telephone or e-mail if we have given our prior agreement. If we agree to consider verbal instructions, the communication is deemed to have been received immediately for the purposes of this contract.

6.5 You agree that we may call you to tell you about products or promotional opportunities, although you may ask us in writing not to receive such calls.

We will always accept your request not to pursue a specific discussion. Subject to express written instructions received from you to the contrary, we may contact you at any telephone number you provide to us, including numbers not listed in directories.

You agree that all telephone calls may be recorded, that such recordings belong entirely to us, and that we may rely on them in the event of a dispute.

6.6 By agreeing to these terms, you agree to receive electronic communications from us, including emails and text messages. Each time an e-mail or SMS is sent, you will be given the option of refusing further communications in this form.

6.7 For the avoidance of doubt, where you have provided us with a telephone number, notice by telephone will constitute a written order.

6.8 All communications hereunder will be made in French. 

6.9 It is your responsibility to notify us of any change in your contact details, including e-mail address, postal address, telephone and fax numbers. We will not be liable for any loss resulting from our not being advised of any changes.

 

7. RULES APPLICABLE TO CLIENT FUNDS

In carrying out our activities for you, we may need to transfer your funds to a third party such as a stockbroker, a clearing house, or an intermediary broker, for the purpose of completing a given transaction.

 

8. ANTI-MONEY LAUNDERING

Where we are asked to verify your identity in accordance with anti-money laundering regulatory obligations, we reserve the right not to process any transaction, or to accept cash or proceeds into your or our account. , until such verification has been successfully completed.

 

9. WITHDRAWAL

You can request the cancellation of this contract within 14 days of receipt of your complete opening file.

This request must be made in writing and will be processed with immediate effect. Please note that this cancellation only applies to the services you have subscribed to, and does not affect transactions for the sale or purchase of physical gold and diamonds.

 

10. DATA PROTECTION

10.1 In accordance with legal and regulatory requirements, ACE will retain your records for a period of at least 6 years following the end of this contract. This retention period may be extended by legal constraint, regulatory obligation, or agreement between the two parties.

Acceptance of these conditions signifies your agreement that we keep the data concerning you in writing and electronic format in accordance with the legislation relating to data protection.

You have a right of access and rectification at any time. We will provide you with a copy of this information in accordance with the provisions of Section 7 of the Data Protection Act 1998, on payment of a statutory fee set out in our Tariff Schedule.

10.2 We may only disclose the manner in which you manage your accounts or any other personal data without your consent, in accordance with these conditions, or otherwise under legal constraint, or as requested by a regulatory authority. 

 

11. TERMINATION

11.1 Either party has the right to terminate this Agreement without cause at any time by giving written notice. The termination will take place without affecting the completion of transactions already initiated.

11.2 If you wish to terminate this contract, you must notify us in writing. Termination will take effect upon receipt by us.

11.3 In the event that we wish to terminate this contract, we will notify you in writing of our intention, except in the event that we consider that there is an emergency, in which case we may choose to suspend your account for the time of communicate with you.

11.4 Interim costs will become due and payable upon termination of this contract, the provisions of article 12 (accounts and statements) being able to apply to any amount or costs due.

Termination of this Agreement shall not affect any term or agreement intended to be effective on or after the day of termination; this termination will be done without infringing any right, or liability acquired before the termination.

 

12. ACCOUNTS AND STATEMENTS

12.1 With respect to all of the services we provide to you, unless you tell us otherwise, we consider that you are acting in your principal capacity rather than as the agent of a third party.

When you act as agent and you mention the primary holder to us, you accept that this primary holder is not our client (directly or indirectly), you confirm that you have taken the necessary measures to identify and verify the identity of that primary cardholder to the extent required by the Money Laundering Regulations 2007, and that you have complied with all other applicable regulatory and legal requirements.

12.2 Payment for all Services provided under this Agreement will only be accepted from a bank account with a clearing bank located in and regulated by the European Economic Area, such bank account must have the same name as the name under which you signed the contract, and for which we have taken steps to verify your identity under anti-money laundering regulations.

Any name discrepancy will require us to carry out additional verifications of your identity, and we may ask you to provide proof of a legitimate name change (for example, marriage certificate or judgment that has become final).

12.3 ACE will provide you with a contract note shortly after each transaction, setting out the sums for which you are liable and, where we have not received your payment in advance, the date on which payment must reach our account. .

We advise you to keep all transaction notices for tax reasons. We reserve the right to charge fees for any duplicate transaction notices.

12.4 If you believe that a transaction notice is inaccurate, you must notify us by telephone or e-mail within 24 hours of receipt, and then also in writing within seven days of receipt (if you have not done by e-mail).

If you do not receive a transaction notice within three days of the trade date, you must notify us as soon as possible. If we are not notified within the above deadlines, you may be held liable.

12.5 You acknowledge that from time to time administrative or human error may occur. To the extent such errors occur, we will notify you as soon as they are brought to our attention.

You agree that we reserve the right to take steps to correct such errors to the extent permitted by law within seven business days of the date we become aware of them, and upon notifying you in advance under the this article 12.

12.6 By entering into this contract you understand and agree that there are no rights to withdraw from a physical gold and diamonds contract after the 14 day right of withdrawal. ACE does not accept conditional or reversible statements.

12.7 The settlement date of a transaction is displayed on the corresponding transaction notice or any other confirmation and you agree to ensure that before this date we are (or the custodian is) in possession of all the products necessary to deliver under the transaction or your account has sufficient available funds to settle the transaction.

 

13. DESCRIPTION OF GOODS AND SERVICES

We supply physical gold and diamonds described in the ACE purchase form.

 

14. DOCUMENTARY EVIDENCE

We will provide you with a certificate of ownership in your name. The certificate will be issued when the metals are received at the ACE bonded warehouse.

15. FORCE MAJEURE

We shall not be liable for any breach of this contract, nor liable for any delay in performance, or non-performance, of our obligations under this contract, if such delay or non-performance results from events, circumstances or causes which are reasonably beyond our control. 

 

16. MANDATE AND SUBCONTRACTING

16.1 ACE may at any time assign, transfer, mortgage, encumber or otherwise dispose of all or part of its rights and obligations under this contract.


16.2 ACE may at any time sub-contract, or engage third parties to perform or assist in the performance of the Services.

 

17. ENTIRE AGREEMENT

17.1 These terms constitute the entire agreement between us and supersede and supersede all prior drafts, agreements, provisions and understandings between us, whether written or oral, in relation to the Services.

17.2 You agree that you shall have no recourse in respect of any representation or warranty (whether unintentional or negligent) not expressly provided herein.

 

18. AMENDMENTS

No modification of the present can come into effect unless it is written and signed by you and by us.

 

19. RIGHTS OF THIRD PARTIES 

No one other than a named party herein shall have any right to enforce any provision of the contract. 

 

20. APPLICABLE LAW AND JURISDICTION 

This Agreement and any dispute or claim arising out of or relating to this Agreement, its subject matter or its formation (including non-contractual disputes and complaints) shall be governed by and construed in accordance with the laws of the United Kingdom.

 

21. CONFIDENTIALITY

21.1 Each party will take steps not to disclose to anyone any confidential information concerning the activities, customers or suppliers of the other party, except as permitted by paragraph 29.2.

21.2 Either party may disclose confidential information about the other party: i. to its employees, officers, representatives, advisers, or authorized contractors or agents when they need to know this information to fulfill the obligations of the party concerned; and ii. If required by law, by order of a court, or at the request of any governmental authority or regulatory authority.

21.3 Neither party may use the other party's Confidential Information for any purpose other than to fulfill its obligations under this Agreement.

 

22. DISCLAIMER OF LIABILITY

22.1 ACE acts only as an intermediary buyer (for products which are currently authorized by the FSA, Financial Services Authority), in respect of regulated activities and/or products, and therefore intends to avail itself of the exemptions for commercial intermediaries Articles 33 and 33A of the Financial Services and Markets Act 2000/01.

ACE does not act on any form of collective investment scheme, nor can ACE offer any form of advice as ACE is not regulated by the FSA.

22.2 The purchase of physical gold and diamonds for cash is an unregulated activity and should only be considered by those who are savvy about making their own purchasing decisions.

22.3 Buyers should rely solely on their own research and due diligence in any buying action.

Past performance is no guarantee of future performance. Future returns and opinions expressed are based on ACE's own forecasts and cannot be taken to indicate any guarantee of performance for any purchase.

Unless otherwise stated, the source of all information is from ACE. 

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