Network Global Services Corporation S.A. is a corporation established in the Republic of Panama registered in the R.U.C with Nº 155601415-2-2015 DV 51 with address in Corregimiento de San Francisco, calle 53 y Obarrio, Edificio Hi-Tech Plaza, Piso 10, de la Ciudad de Panamá (Panamá) (hereinafter IndaloGold) which manages and owns the website https://www.indalogold.com and the customer (hereinafter the Customer), which contracts the purchase of fine gold bullion and / or fine gold coins (hereinafter the product), the field of this agreement.
This contract describes the Online Shop Terms and Conditions applicable to the access and use of the IndaloGold online shop within the web address https://www.indalogold.com
Any Client that wishes to access and/or use the web site or the services offered by IndaloGold can do it by subjecting to the Terms and Conditions of the Online Shop listed below.
In consequence, all the visits and all the contracts and transactions done in this web site, as well as the legal effects will remain ruled by these dispositions and subjected to the laws of the Republic of Panama in the field.
The terms and conditions contained in this instrument will be applied and understood as part of all the acts and contracts executed or celebrated through the systems of offer and commercialization between its Clients listed in this web site.
If there is disagreement from the Client regarding the terms and conditions, which are mandatory and binding, he must prevent from using the web site and/or the services offered by IndaloGold.
The Client that uses this web site, must read, understand, and accept these Online Shop Terms and Conditions stated by IndaloGold as well as the other documents or clauses integrated.
Using this web site will mean the full and express acceptance of the Online Shop Terms and Conditions stated in the web address https://www.indalogold.com expressively obliging itself only for its use.
Every consultation or correspondence regarding these Terms and Conditions or to IndaloGold must be addressed to the contact information indicated in our web site https://www.indalogold.com.
1. LEGAL CAPACITY
1.1 The Client states that he is of legal age, has legal capacity, according to the laws of the country where he lives and complies with all the legal requirements to formalize this contract
1.2 Only the Clients with legal capacity to contract can purchase. The acts completed in the web site by incapable will be responsibility of their parents, tutors, or trustees, and therefore, will be considered as completed by them in exercise of the legal representation they have. In case a legal person registers as Client, who represents it, must have legal capacity to contract in behalf of it and oblige it in the Terms and Conditions Online Shop of this agreement.
1.3 The Client also guarantees that it acts in its own name and representation that the payments that performs come from its own equity and from legal sources, complying with the previsions of the legislation regarding the money laundering and fight against terrorism, and has at the ability to sign.
1.4 By the signature of these general conditions or choosing the option “I have learn, comprehend, and accept the Terms and Conditions”, “I accept”, “yes”, and other similar at the end of this document, it is transferred to the client the condition of the express acceptance of the purchase, as well as the full acceptance of each and all of the general conditions contained in this document.
1.5 IndaloGold will not accept any power of attorney or document through which a Client is represented by a third party.
1.6 We inform the customer that he must read these Terms and Conditions carefully before making the purchase of the product at our website and contact the company support if it has any questions regarding any of these. Only if the client agrees to these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you may not make any purchases of product from our website.
1.7 The contract between IndaloGold and the Client can only be celebrated in Spanish.
Every consultation or correspondence regarding this contract or to IndaloGold shall be addressed to the contact data indicated in our web page. https://www.indalogold.com
2. FORMATION OF THE CONSENT IN THE CONTRACTS CELEBRATED IN THIS WEB SITE AND VALIDATION
2.1 Through this web site IndaloGold will make offers of products that can be accepted electronically using the mechanisms that the same web site offers for it. Every acceptance of an offer will remain subjected to the suspensory condition that the offering company (IndaloGold) validates the transaction. In consequence, for every operation completed in this web site, the confirmation and/or validation or verification by IndaloGold will be a requirement for the formation of consent. In order to validate the transaction IndaloGold must verify:
a) That it has product on stock available at the moment of the acceptance of the offer.
b) That validates and accepts the payment method offered by the Client.
c) That the registered data by the Client in the web site correspond with the provided at the moment of making its acceptance of offer.
2.2 For the effects of communicate to the Client about this validation, the offering company must send a written confirmation to the same electronic address that the Client has registered, or by any other communication mean that guarantees the duly and timely knowledge of the Client, which will previously be indicated in the same web site. The consent will be considered as formed from the moment in which this written confirmation is sent to the Client and in the place in which it was issued.
3. PRIVACY OF THE CLIENT
3.1 The Client acknowledges being informed of the existence of a personal data file in which its data will be included, and the treatment that IndaloGold does of it.
3.2 All those personal data of the Client that this web page obtained by IndaloGold will be treated and processed according to all the applicable laws of the Republic of Panama (Panama).
3.3 IndaloGold has adopted the technical measures of safety and the existing quality standards in order to guarantee the top safety and confidentiality of the communications. Therefore, the company declines any responsibility over the violation of the security systems of the Client or the inviolability of the communications when these are transported through any of the communications networks.
IndaloGold has installed in its servers and computer systems various safety certificates as the SSL (Secure Socket Layer), which is a safety protocol that makes its data to travel fully and safely, as to say, the transmission of the data between a server and web user is totally coded and encrypted. Math algorithms are used and a password system that is only identified between the people that surf the web and the server. When having a trustable SSL certificate, our data is encrypted, the transmission of the information through the Internet is safe and confirm that the data is free from non-authorized people.
3.4 IndaloGold compromises to update and keep the technical measures that deem necessary to guarantee the safety and confidentiality of the Data of Personal Character, preventing any alteration, loss, treatment, process or non-authorized access. This obligation will be developed according to the state of the technology and the nature of the personal data.
3.5 The Client can exercise its access, rectification, cancellation, and opposition rights of its personal data, through a written communication directed to or emailed to firstname.lastname@example.org. In both cases, the interested Client must attach a copy of its identification card, passport, or other valid document that identifies it.
4. PROCEDURES OF THE USE AND ACCEPTANCE OF THE CONTRACTS THROUGH THE SITE
4.1 In the contracts offered through this web site, IndaloGold will inform, unequivocally and easily accessible, the steps that must be followed to celebrate them, and will inform when it corresponds if the electronic document in which the contract is formalized will be filed and if it will be accessible to the Client.
4.2 The mere fact of following the steps to make a purchase, the marking of the expressed acceptance of these Terms and Conditions, and the offering company effectively giving compliance to the conditions contained in this section. Will indicate, also, its postal mail address or email, and the technical methods at the disposal of the Client to identify and correct mistakes in the sending or its data.
5. REGISTRATION IN THE ONLINE SHOP
5.1 It is mandatory for the Client to fill out all the information required in the registration form. The Clients guarantee and respond, in any case, to the veracity, exactitude, accuracy, and authenticity of the Personal Data stated.
5.2 The registered Client or visitor of the site will be responsible of the possible damage that suffers as consequences of mistakenly inform its personal information.
5.3 IndaloGold reserves the right to request any proof and/or additional data for the effects of verifying the Personal Data, as well as to temporarily or definitely suspend those clients which data could not have been confirmed.
5.4 It is an obligation of the Client to verify its identity and facilitate IndaloGold the official document supporting the identity and domicile that the Client will attach through its virtual office in the web address https://www.indalogold.com. The companies of any type will verify their identity by sending an e-mail to the address email@example.com and a document that supports the agent or administrator and copy of the deed of powers, which contains the appointment of the social representative and any other documents needed by IndaloGold for the correct identification of the company and its participants.
5.5 In case the companies must be updated to the official, fiscal models, registries, or other authorities that verify the functioning and daily activity.
5.6 The data provided by the Clients, for the mere fact of having provided them, expressively agree that IndaloGold can use them with operative purposes of the electronic commerce system of the site, as well as to use them in other web sites owned by IndaloGold, accepting to receive publicity, advertisements, and promotions by the different possible means.
5.7 Steps of registration in the Online Shop of IndaloGold.
A.) The Client visits the web address https://www.indalogold.com
B.) The Clients directs to the menu of “Registration”.
C.) The Client fulfills the first step of registration with basic information, after having read these Online Shop Terms and Conditions, exposed in the web site in a visible way.
D.) The Client receives an email, provided in the registration process, sent by the company to verify the email address provided.
E.) The Client after verifying its email completes the second step of the registration with personal information.
F.) When the Client has completed the previous step will be able to visualize certain areas and menus on the web. It must send its personal documents to the company for its correct verification and approval as Client.
G.) When the Client is verified, it can use and enjoy the online shop, and will be notified through an email or text message to the mobile phone provided in the registration.
5.8 How to make a purchase of the product in the Online Shop of IndaloGold.
A.) The Client visualizes and selects in the online shop the product that wants to purchase.
B.) The product is shown in the “Shopping Cart” and it can continue purchasing or make that purchase.
C.) Once the purchase is completed, it will be indicated of the total amount, including the management expenses of seven (7%) over the price of the purchase.
D.) The Client will proceed to the payment of the product purchased through the different systems offered by the company, following the indications within the virtual office.
E.) Once the payment is received from the Client, it may receive the product at its address (only in those countries where shipping is available. See list of countries within the virtual office of each client. In the menu "Online Shop", submenu" Gold Storage", option "Send product") or leave in custody.
F.) The Client will receive its corresponding purchase invoice of the product.
G.) All the information necessary to make the purchase process correctly in the online shop is detailed within the virtual office of the Client.
6.1 The general conditions of this contract have as object the purchase of investment gold in bars and/or gold coins (hereinafter “the Product), through the participation in the Contract of Discount Purchase.
6.2 IndaloGold commercializes gold bars and/or gold coins under the denomination “London Good Delivery”. These products have the homologation of the London Bullion Market Association (LBMA) that is accepted in the international trading transactions without any limitation. The designation “London Good Delivery” accredits that a refinery complies with the strict requirements of quality to be able to commercialize standard gold bars in any place of the world. The refineries that comply with the criteria of the LBMA are listed in the “LBMA Good Delivery List”.
The gold bars “London Good Delivery” have a purity that range from 995 to 999.9 parts for 1000 of fine gold and has some marks in the bar: No. of series, seal of the refiner, purity, diverse information.
IndaloGold commercializes gold bars of: 1gr, 2gr, 2.5gr, 5gr, 10gr, 20gr, 31.10gr, 50gr, 100gr. It also commercializes gold coins of: 2 ounces, 1 ounce, 1/2 ounce, 1/4 ounce, 1/10 ounce, 1/20 ounce. All of it is commercialized through its online shop.
6.3 The photographs that show the products are provided under indicative title. The texts that accompany these photographs are the reproduction of information that figurate in the packing provided by the refinery itself. The differences between the photographs and the products can only be minimum and does not affect the essential characteristics of the products. The color of the products shown in the online shop can differ of the real color of the product according the configuration of resolution of your computer.
7. CONFIRMATION OF THE PRODUCT THROUGH THE ORDER
7.1 The Client will confirm the order by “Clicking” in the button FINISH, ACCEPT, PURCHASE, PAY, ACTIVATE, SEND within the payment process. From this confirmation, the payment is firm and definite and will remain automatically registered. IndaloGold will proceed to its shipping or custody.
7.2 The automatic registration of the order has proof of value as to its nature, content, and date. The confirmation of the order from the Client involves the acceptance of the time of delivery, prices, shipping prices, insurance, packing, customs, and any other expense originated for the correct delivery or custody, the description of the products offered and the previous reading and acceptance of these General Conditions of Contracting, particular conditions, if any, and Legal notice. Once the purchase process is over, the system will confirm the Client the request through the corresponding purchase invoice (or through the sending of an email to the email address stated at the registration.)
8. PRICE AND METHOD OF PAYMENT
8.1 The company will inform the Client, in all cases, clearly and unequivocally, the price of its products, in theIndaloGold online shop and will always appear two prices, as well as the payment methods. The exact price of the product will be determined at the time of purchase depending on the gold price set by the London Bullion Market Association (LBMA). Adding all the inherent expenses and any other costs the company has to bear.
A.) The price of the purchase of the product from the Client.
B.) The price of the repurchase of the product offered by IndaloGold to the Client, in no case is mandatory that the Client sells its purchased product to the company again, it is an optional service.
C.) If the Client chooses to use the repurchase service of the product offered by the company, it will receive the fixed amount for the product for that moment shown in the online shop, plus its corresponding invoice of the sale of the product. All this information is available for the Client within its virtual office.
8.2 The means of payment available are, bank transfer and cryptocurrencies. The means of payment may be modified or changed by the company, without prior notice. All information, the Client has available within your virtual office.
8.3 The payments made through bank wire transfer, the Client will be in responsible of the payment of any commission or expense caused for making such transfers to the company. The Client must pay attention to the bank information expressed in its virtual office to make the corresponding bank transfer successfully. In case of some kind of error, the funds will not be deposited in IndaloGold´s account, being the amount returned again to its bank with the corresponding return expenses caused for making the transfer incorrectly.
8.4 It is informed and recommended to the Client that the payments to the company must be done by itself and not deliver amounts of money in cash to other persons, different persons, or unknown to make the transaction on its behalf or with the promise that they will pay for them.
The Client is the only responsible of its acts and finances, exempting and disclaiming IndaloGold from all responsibility for the robberies or monetary losses that may incur for the breach of its obligations.
8.5 IndaloGold does not admit payments in cash.
9. TAXES AND TAX RETURNS
9.1. By the application of the current legislation, in prevention of money laundering and the financing of terrorism, the Client states that the money it uses for the purchase does not come from any illegal activity being exclusively and uniquely responsible exempting IndaloGold from all responsibility of the origin of the capital.
9.2 The Client is responsible of complying with the fiscal laws of its country, paying its taxes, gains, increases of capitals, if any, and all those obligations to which it is obliged.
9.3 IndaloGold offers the service to the Client through its Virtual Office all the necessary information represented in “Contract of Discount Purchase”, “Prepayment Invoice”, “Purchase Invoice”, and “Sale Invoice” to carry out the tax statement, gains, increase in capitals, if any, before the corresponding authorities of each country.
9.4 Once the Client receives the product or the amount for the sale of the product, it will be the solely responsible for its acts
10. DELIVERY OF THE PRODUCT
10.1 The product will be delivered to the Client or the person authorized by it at the moment of making the transaction at the indicated address, having to verify its identity through current document and in good state.
10.2 The deliveries of the product will be made in those countries that IndaloGold has written in the shipment of the product segment in an approximate term of twenty (20) business days, once the Client has formally requested through its virtual office its desire to receive the product at its domicile.
10.3 The Client or authorized, at the reception of the product, will sign the receipt of corresponding delivery stating its name and identification document, as well as having examined those for which it implies its conformity with the product received, regarding its amount as its quality and state.
10.4 Without detriment over the delays that could origin for other causes to the will of IndaloGold, proceeding in all cases to inform the Client of this situation, not being possible of responsibility of some type for such motive.
10.5 The shipment of the products to the Clients address will be made by international shipping companies in the sector, during the normal business hours set by those companies. For more information, you can visit the official web pages of the shipping companies, when you are provided the information.
11. CUSTODY OF THE PRODUCT
11.1 It is a service of certificate deposit that IndaloGold offers to the Client, its use is not mandatory and is optional for each Client.
11.2 The rate of payment for the custody of the product in the certificate deposit is of 1,2% annually, or 0,1% monthly for the value of the product the Client in this same day. The payment rate for the custody is undertaken to the first day of each month according to the products stored in the deposit until such day.
12. ADDITIONAL COSTS FOR THE SHIPPING OF THE PRODUCT
12.1 The Client must pay the expenses of the shipping of the acquired product. The price of the shipping will be jointly invoiced with the purchase or subsequently according to the indications of the Client. The expenses of shipping, insurance, advertisement, and packing of the product to the domicile of the Client are under the responsibility of the Client and will be paid in advance before it is sent by IndaloGold.
12.2 The expenses caused for the return of the product again to the company for mistaken, false, or incomplete data by the Client will be under its charge, in order to make a new shipping.
12.3 The Client, in order to be able to receive the product at its domicile, cannot have any negative balance in its accounts with the company.
12.4 In those countries in which there is VAT, I.T.B.M.S. and taxes over precious metals or taxes of customs the Client assumes himself responsibility for delivery of the Order.
12.5 Shipping rates of the product to different countries are detailed in the virtual office of each client in the menu “Online Shop”, submenu "Gold Storage", and the option "Send product". Rates expressed herein are susceptible to changes.
13. CHANGES, RETURNS AND WITHDRAWAL
13.1 The Client will be able to change the bought product as long as the product received is not the one originally requested.
13.2 For the return of the product the Client will return the product in perfect state with the original package without opening it and the delivery documents of the order. If the Client does not return the product, IndaloGold will charge the price of them.
13.3 When it corresponds to return an incorrect order, it will be sent to the Client the correct product for free as long as it has previously returned to us the product of the order in the state in which it was received.
13.4 The Client must contact with the support of the company to inform about the situation and proceed to the return of the product, according to the instructions offered by the support of the company.
13.5 The return of the product can be completed as long as it is communicated to IndaloGold, by any credible method, within the term of five (5) business days from the reception of the product by the Client.
14. FAILURES AT THE WEB SITE
14.1 IndaloGold is not responsible for the damages that may occur in the web site that prevent its use, which can be caused by several causes, of the system, technical, derived from the internet services, being able to suspend the site in occasion of its redesign. In case such occurs it will be acknowledged to the Clients in the same web page for a prudential term before its suspension. Occurring such circumstances, IndaloGold compromises to solve such failures at the shortness without implicating any responsibility of the company.
14.2 Indiscriminate attacks in the web site:
IndaloGold will not be responsible in case of interruptions of the service, delays, mistakes, malfunctioning, and in general, other inconvenient originated in causes that escape from the control of IndaloGold due to a malicious or criminal act of the Client and/or are originated from Force Majeure causes. In the concept of force Majeure, there will be included, besides the effects of these Terms and Conditions, all those events occurred out of control of IndaloGold, such as: failure of third parties, service of servers, operators or companies of services, acts of Government, lack of access to third networks, acts or omission of the Public Authorities, those other produced as consequence of natural phenomena, outages, etc. and the attack of hackers or third parties specialized in the safety or integrity of the informatics system, as long as IndaloGold has adopted all the existent safety measures according to the state of the technology. In any case, whatever the cause, IndaloGold will not assume any responsibility for direct or indirect damages, emerging damage and/or loss or earnings. IndaloGold will be entitled, without any compensation to the Client for this concepts, to temporarily suspend the services and contents of the web site to make maintenance operations, improvement, or repair.
The Client will be the only responsible for the infractions in which it may incur or of the damages that may cause for the use of the web page, remaining IndaloGold exempted for any responsibility. The Client is the only responsible in front of any claim or legal, judicial, extrajudicial action initiated by third parties against IndaloGold or against the Client based in the use by the Client of the service. The Client assumes the expenses, costs, and compensations caused to IndaloGold with motive of such claims or legal actions.
IndaloGold does not assume any responsibility for the damages that may be caused in the equipment of the Clients for possible informatics virus contracted by the Client for its surfing in the web site, or for any other damage caused from such browsing.
15. SCOPE OF APPLICATION
15.1 The conditions and terms that are listed in this contract are only applicable to the purchases exclusively verified through this web site, remaining excluded from such purchases in IndaloGold through other sales channels.
16. APPLICABLE LAW – COMPETENT COURTS
16.1 The applicable laws will be of the Republic of Panama (Panama) in substantial and process law and the Competent Courts will be in Panama City (Panama).