Terms and Conditions

Introduction

1.1 We are Chard (1964) Limited, a company registered in England and Wales under company number 1378220 and with our registered office and store at 32-36 Harrowside, Blackpool, FY4 1RJ. In these Terms, we refer to ourselves as “Chards”, "Chards Investments", “we”, “us”. Our VAT number is GB 157 0712 74. We have been trading as a precious metals dealer since 1964 and operate the website www.chardsinvestments.co.uk (the “Website”).

1.2 These terms and conditions and each of the documents we refer to in them (all together, the “Terms”) form the relationship between you and Chards as follows:

1.3 By buying our products or using our services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not buy our products or use our services. We recommend that you print a copy of these Terms for future reference.

1.4 You can choose to purchase and / or store “Investment Products” or “Non-investment Products” from / with us (Investment Products and Non-investment Products are together referred to as “Products”). The key difference between Investment Products and Non-investment Products is that, with Investment Products, the price is dependent on fluctuations in the financial market, and, with Non-investment Products, the price does not depend on fluctuations in the financial market (although both types of Products may be purchased for investment purposes). If you are unsure if a Product is an Investment Product or Non-investment Product, please contact us to confirm this before placing your order for them or storing them with us. Please be aware that some of the terms which apply to sale of Investment Products (particularly those concerning cancellation of orders) are different to those which apply to Non-investment Products, as set out in these Terms.

1.5 References to applicable law in these Terms shall include all relevant statutes, regulations or regulatory rules and official guidance and interpretation in any relevant jurisdiction and references to any laws, statutes, regulations or regulatory rules shall refer to those in force from time to time.

1.6 The singular includes the plural and vice versa. References to one gender include all genders.

1.7 The headings of sections and clauses of these Terms are for convenience only and shall not affect its construction or interpretation. Any reference in these Terms to a section or clause is a reference to a section or clause of these Terms. The schedules form part of this Agreement.

1.8 Where the words "includes", "including", "for example" or "such as" are used in these Terms they are deemed to have the words "without limitation" following them. Any reference to "written consent" shall mean specific consent expressed to be for the purposes of the particular clause or section of these Terms.

 

Contact Details & Communications

2.1 To contact us, please telephone +44 (0)20 8149 9777, or send us an email to [email protected].

2.2 Communications between us shall be in English. Should we receive a communication or instruction which purports to be from you, we are entitled, but are not obliged, to rely on and conclusively presume that such communication or instructions have been given by you. We may record and monitor conversations we have with you.

2.3 You must keep your contact information with us up to date, as any communication we send to your contact details will be deemed received by you, regardless of whether you actually receive it.

2.4 You accept that we are deemed to have received any email correspondence at the time we access it. You accept that there may be a delay in responding to correspondence received. You also acknowledge and accept the risks inherent in email, particularly of its unauthorised interception and of its not reaching the intended recipient.

 

On-boarding

3.1 Before you use our services or purchase any Product, you may need to set up an account with us and provide us with certain information we request. You can do this on our Website, via the telephone or at our showroom. We may keep a record of the information you provide.

3.2 We reserve the right not to on-board any person, and where we do not on-board any person, we do not have any obligation to provide our reasons for doing so.

 

Eligibility for our Services

4.1 By using our services and purchasing any Product you confirm that:

4.1.1 (if you are a body corporate) you are duly organised and validly existing under the laws of the jurisdiction of your domicile, and have full power, authority and right, and have taken all action required, to bind yourself to these Terms, including as regards performing all actions and obligations under these Terms, which therefore constitute valid and legally binding obligations;

4.1.2 (if you are an individual) you are at least 18 years old and eligible to agree to these Terms and all related obligations, including as regards any age, residency, legal capacity, competency and all other requirements;

4.1.3 you will comply with any applicable law relevant to you, including not committing, causing, facilitating or contributing to the commission by any person of any bribery, corruption or tax evasion offence;

4.1.4 you have not received any advice from us in relation to the merits of using our services or acquiring any Product, and you are solely responsible for any evaluations, decisions and actions taken in connection with these Terms;

4.1.5 you understand the tax implications of using our services and acquiring our Products and accept sole responsibility for any tax implications in relation to such-;

4.1.6 you will provide us with whatever information we may request for the purposes of satisfying our regulatory, compliance and contractual obligations, including identification checks, money laundering checks, prevention of terrorist financing, KYC checks, and preventing any suspected fraud;

4.1.7 authorise us to make any inquiries, whether directly or through third parties, that we consider necessary to verify your identity or to protect us and / or you against fraud or other financial crime, and to take any action we reasonably deem necessary based on the results of such inquiries (and your access to our Products and services may be altered as a result); and

4.1.8 all information you supply to us is complete, accurate, up to date and not misleading, and you will notify us promptly of any change to such information.

4.2 You shall inform us immediately in the event that you can no longer comply with your obligations set out at clause 4.1.

 

Keeping Your Details Safe

5.1 As part of on-boarding, you may be provided with or asked to create security details. You must keep your security details secure and not disclose them to anyone else. You should contact us immediately upon discovering any unauthorised use of your security details.

5.2 Any action or instruction by anyone using your security details will be treated as if such action or instruction had been made by you, and we are not responsible for any loss as a result.

 

Price

6.1 The price of a Product does not include delivery charges and is inclusive of any VAT that may be applicable in the UK.

6.1.1 The prices of our services and Products shown on our Website and in our adverts are indicative and so are not guaranteed. Prices may also change from time to time. Except as set out in these Terms, any pricing changes will not affect any order for services and Products which we have already accepted in accordance with these Terms.

6.2 Prices we provide in relation to the sale of Products are inclusive of VAT (if applicable), and the prices we provide in relation to services are exclusive of VAT (if applicable).

6.3 If there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as mispricing, we may cancel our agreement with you for the relevant Product(s) / service(s), refund to you any sums you have paid us for them, and require that you return them.

 

7. Our Liability To You

7.1 Notwithstanding any other clause in these Terms, we do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.

7.2 Subject to clause A 7.1, in no event shall we be liable to you for any losses:

7.2.1 except where caused directly and reasonably foreseeably by our gross negligence (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order for the relevant Product(s) / services);

7.2.2 caused by events outside our reasonable control;

7.2.3 resulting from any attack by a third party on our systems;

7.2.4 which constitute any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill or reputation; or any other special, indirect or consequential loss;

7.2.5 as a result of your breach of these Terms;

7.2.6 as a result of exercising any of our rights under these Terms; or

7.2.7 which we otherwise exclude our liability for under these Terms.

7.3 Any liability we have for losses you suffer arising from any contract agreed under these Terms shall not, in respect of any 12 month period (calculated from the date that contract is entered into), exceed the charges payable by you for the relevant product or services in that 12 month period.

7.4 If loss is caused by the gross negligence of any third party we use, we will pass on any relevant compensation we receive from them to you. In addition, where we receive an insurance pay-out in respect of any loss, we will pass the benefit of such pay-out to you. If several of our clients are eligible to receive compensation or a pay-out under this clause A 7.4, we will pass on any compensation or pay-out we receive to the affected clients in proportion to their loss, and any determination we make in this respect shall be considered final.

 

Payments

General

8.1 You must pay all fees due to us, including any Delivery Fees (see clause A 8.8 and A 8.9). Please note that there may be charges and costs other than those charged by or via us, and you are also responsible for these.

8.2 You must pay each invoice we issue (i) for services (such as storage of your metal or cryptoassets) within 14 days of the date of issue, (ii) for the purchase of Products within 24 hours of the time of issue. Late payments may result in additional charge (see clause A 9 below).

8.3 All payments should be made in the currency or cryptoasset we agree with you (at our sole discretion) in advance of you placing your order. If you choose to pay in a foreign currency, from a bank account which is not a pounds sterling account, or using a cryptoasset we support, you shall be responsible for paying all charges and fees incurred by you and/or us as a result of doing so. Please note that the types of cryptoassets we support for payment purposes may be different to those we provide safekeeping services in relation to.

8.4 Payments by direct debit will be taken on or around the first day of each month unless otherwise agreed. Please note that debit cards issued outside of the UK may not be accepted and we will contact you if your payment by debit card is rejected. Some payment methods and all international payments may carry additional charges, and you are responsible for these.

Delivery Fees

8.5 Where we arrange delivery for you, you are responsible for any delivery costs and our administrative fee for doing so (the “Delivery Fee”). The Delivery Fee shall include our actual cost of delivery, packaging and insurance and shall be calculated by reference to the price of the relevant Product(s) (as determined by us by reference to the prices set out on our Website). Unless we advise you otherwise, the parcel shall be insured up to the price of the Product(s) during transit. If any tax is payable in relation to making the delivery, you are also liable to pay this. Generally, any delivery to a residential address in the United Kingdom will incur VAT, and any delivery outside the UK incurs customs duty in additional to any local charges, government fees and levies. You are responsible for determining the tax you are liable to pay.

8.6 Please refer to our Website here for further details on deliveries and our standard delivery costs. If the Delivery Fees to a location are not published on our Website, please contact us for a bespoke quote. If our courier is unable to collect from you / deliver to you the Products at the agreed address, time and date, you shall be liable to pay us an additional fee of £60 (excluding VAT if applicable) (or, if higher, the costs and expenses incurred by us as a result) in order to agree a new time for the collection or the delivery.

Pre-Payments

8.7 We will only accept a pre-payment in circumstances where we believe in good faith that it is a genuine pre-payment. We do not accept any obligation to agree to receive a pre-payment, and so we reserve the right to decline a pre-payment without having any obligation to provide reasons for doing so. Any monies we receive by way of pre-payment will not receive any interest. Furthermore, you may not generally leave pre-payment monies inactive in your account or to otherwise hold balances indefinitely, and we reserve the right to return any monies received where we believe that such circumstances may have arisen. Where we return any monies to you, we will return the monies back to the account from which you made the pre-payment to us, on the basis that we have not provided our service(s) or Product(s).

8.8 When you make a pre-payment, your monies will be received or transferred directly into a segregated client money account, separate from our own funds. This means that the pre-payment monies are held by the bank on your behalf, and, as such, we do not on-lend any pre-payment monies we receive, nor do we finance any of our activities out of the capital of or interest on such monies. Pre-payment monies will only move into our own account at the point in time that they are due and payable as a genuine fee to us.

8.9 We do not accept any liability for any action or inaction we take in determining how to deal with pre-payments, and we do not accept any liability for any loss or potential loss, howsoever caused, as a result of any decision to accept, decline or return a pre-payment.

8.10 Please note that we are not a bank, we do not accept deposits, and that in accepting any prepayment we are not providing any service regulated by the Financial Conduct Authority and / or the Prudential Regulatory Authority. As such, in making a prepayment to us you are not protected by the Financial Services Compensation Scheme, and you are not protected by the Financial Ombudsman Scheme.

 

Late Payment, Late Supply of Information & Administration Fees

9.1 If you fail to make payment by the relevant deadline, we may be entitled to make a claim against you for reasonable compensation for the costs we have incurred or will incur as a result.

9.2 If payment is not made by you or received by us in accordance with the applicable deadline:

9.2.1 we may charge you an administration fee of 1% of the price of Product / services affected (subject to a minimum fee of £10 and a maximum fee of £500) (excluding VAT (if applicable)) (the “Administration Fee”) to cover our administrative costs incurred as a result. Any Administration Fee shall be payable within seven days of you being notified that an Administration Fee has been charged;

9.2.2 you will pay us for any direct loss we incur as a direct result of any adverse price movement of the relevant Product(s) you have purchased;

9.2.3 if you are a business customer, we may also charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England or such higher statutory rate as may be available under applicable law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us any interest together with the overdue amount.

9.3 We may also, at our sole discretion:

9.3.1 cancel some or all of your contracts with us under these Terms (but you shall still be liable to pay any Administration Fee incurred); and / or

9.3.2 if we do not cancel your order(s), we may give you a new deadline to make payment (and clause A 9.2 shall apply if you fail to meet such extended deadline).

9.4 If your order for Products or services is cancelled pursuant to clause A 9.3, you may submit a new order, subject to agreeing revised fees.

9.5 In addition to our rights under clauses A 9.2 and A 9.3, the event of a non-payment or late payment of our fees, you agree that we may use, sell, retain or set-off any Products or assets we are holding for you to settle the amount owed. We will only exercise this right if we have asked you for payment and the sum is outstanding for 25 Working Days from the date of our request.

9.6 If you do not pay any fees or other amounts due required by the relevant deadline, in addition to our other legal rights and remedies, we may refuse to deal with you in the future.

 

Delivery of Metal Products

10.1 Where we make delivery, the time for delivery will depend on the relevant Product. We normally despatch Products we hold in stock within two Working Days of receipt of the full price of the Product. We may be able to make certain Products available on an express basis, if requested by you, subject to stock and market factors, but this may incur a premium price, stricter payment terms and /or stricter cancellation terms which you agree to by requesting delivery on an express basis. Any delivery dates provided are estimates only.

10.2 If we are unable to meet the standard despatch times referred to in clause 10.1, or we consider that we may not be able to deliver any Products within 30 days of our acceptance of your order for them (or such later time as we may have notified to you), we will let you know as soon as practicable.

10.3 For Products which we source for you and which are bought for more than £60, you may need to confirm you are available to accept delivery on the nominated day before we despatch your Products to you. You may be required to sign for your Products upon delivery and, if you are not available, this may result in your Products being returned to a local sorting office or warehouse awaiting your collection or being returned to us. If your Products are returned to us in these circumstances, you will be charged the additional costs incurred by us as a consequence, which we will need to receive from you in full before we attempt re-delivery.

10.4 If you would like us to deliver Products to a destination outside of the United Kingdom, please note that local laws may restrict us from shipping to some destinations and certain countries do not allow money to be sent through their postal networks (see here for further information). Please refer to the delivery page on our Website for information on the destinations we can ship to. We recommend you check this page before placing an order with us. Please be aware that your request for delivery may be subject to VAT, import duties and other taxes in the country of destination, and you are responsible for payment of these. Please note that we have no control over these charges and we cannot predict their amount.

10.5 Deliveries may also be subject to seizure by the relevant customs or other authorities if there are any restrictions on the import of the relevant Products into that territory. We do not make any representations or guarantees in respect of whether you will be permitted to import Products into any territory. You are responsible for determining whether any restrictions on import are in place and applicable, and for complying with applicable laws of the country for which the Products are destined. We do not accept liability for loss or damage to any Products which are confiscated, seized or otherwise subject to local law restrictions in the country of destination or for non-compliance with applicable laws on importation. We recommend you seek local advice in the country of destination prior to asking us to deliver your Products.

10.6 Where we organise delivery, our total liability in respect of any loss of Goods during transit will be limited to the amounts received from the insurer under such insurance, which we shall pass on to you in accordance with clause A 7.4. We only obtain insurance for Goods with a value of £60 or more . In order to obtain appropriate insurance, you must send the Goods to us in parcels of a maximum value of £20,000, or (where this is not possible) you must inform us in advance and send the Goods to us in parcels of a maximum value of £60,000. If it is not possible to split Goods into parcels of a maximum value of £60,000, we will discuss with you obtaining custom insurance for the delivery. Each parcel will be insured up to the lower of the maximum insured value of the parcel, or the metal value of the Goods as determined at our discretion from your description of the Goods. Please note that whilst the insurance covers loss of Goods in transit to us, it does not cover any damage to the Goods caused during transit.

10.7 Delivery of Products shall be complete once it has been confirmed by Royal Mail or our courier company that the Products have been delivered to your billing address (or such other address we have agreed to deliver to) or (if you are collecting the Products from us) when you take physical possession of the Products at our showroom. We strongly recommend you have adequate insurance arrangements in place from the point of delivery or collection.

10.8 All risk in Products shall pass to you on completion of delivery.

 

Suspending or Ending A Contract For Services Under These Terms

11.1 Each contract for services agreed under these Terms will continue until terminated by you or us in accordance with these Terms.

11.2 You may terminate all or part of a contract for services at any time without liability:

11.2.1 by providing at least 14 days written notice to us; or

11.2.2 in the event that termination is in response to a proposed change to these Terms, in accordance with clause A 13.

11.3 We may suspend, restrict, or terminate your access to any or all of the services we provide, without reason or penalty, by giving you 10 days’ notice.

11.4 In addition, we may at our sole discretion: (a) suspend, restrict, or terminate your access to any or all of our services, and/or (b) terminate some or all of the agreements we have with you under these Terms with immediate effect where:

11.4.1 we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;

11.4.2 we suspect you of acting in breach of these Terms;

11.4.3 we have concerns that our services are being used in a fraudulent or unauthorised way;

11.4.4 the third parties we use in connection with providing our services suspend or cease operation of their services;

11.4.5 this is beneficial to deal with events that occur which are outside our reasonable control which impacts our ability to provide our services; and / or

11.4.6 reasonably required to deal with a security concern.

11.5 Unless it would compromise reasonable security measures or be unlawful, we will inform you by email, telephone or via our Website of any suspension and our reasons for it.

 

Effect of Termination

12.1 On termination of your agreement(s) with us as agreed under these Terms we will return any Products we hold for you to you, subject to (i) you completing any further identity verification procedures, as well as anti-money laundering and prevention of terrorist financing procedures, that we may require; and (ii) you paying us any outstanding fees owed, as well as any Delivery Fee (on which see clauses A 8.8 and A 8.9.

12.2 If you do not take delivery of your Products within three months of the relevant agreement(s) being terminated, we reserve the right to sell them, at the price which according to us can be reasonably obtained at that moment. We will provide you with at least one month’s written notice that we are intending to sell your Products before selling them. We shall use the proceeds of the sale of your Products to pay any outstanding fees and other amounts owing to us as well as any costs associated with the sale. We shall (at your cost) transfer any remaining amounts to you in accordance with your instructions, subject to clause A 12.3.

12.3 If, after 6 months following the termination or expiry of your agreement with us under these Terms, your Products and/or the proceeds of their sale remain in our possession or control because you have failed to collect your Products or provide us with instructions (which we reasonably deem appropriate) on how to return your Products or the proceeds of their sale to you, title to those Products and proceeds of sale shall transfer to us we shall convert them into Digital Bullion and store them in accordance with (and subject to the fees set out in) Section C: Metal Account Terms.

 

Changes to These Terms

13.1 We may make changes to our fees and these Terms from time to time in relation to agreements which have not yet been agreed under these Terms.

13.2 We may also make changes from time to time in relation to agreements which have already been agreed under these Terms:

13.2.1 to reflect changes to relevant law or regulation, as well as the way we are taxed (including the requirement to pay any government or regulatory levy), or you or a Product are taxed;

13.2.2 to reflect changes required by any court, regulatory or tax authority or industry guidance or codes of practice;

13.2.3 to reflect changes in the way gold, coin, bullion and cryptoasset markets work;

13.2.4 to reflect changes to our technology or other systems;

13.2.5 to reflect changes to our fees, for example to reflect changes in the costs in us providing our services to you, as well as to reflect other relevant costs outside our control;

13.2.6 if it becomes impossible or impractical, in our reasonable opinion, to carry out any aspect of the Terms as a result of circumstances beyond our reasonable control;

13.2.7 to reflect changes to the range of Products / services we make available to our customers generally;

13.2.8 to make the Terms easier to understand;

13.2.9 where the changes are to your benefit or not detrimental to you; or

13.2.10 for any other valid reason.

13.3 We will give you reasonable notice of any changes to these Terms, or we may make changes with immediate effect where they are in your favour, are required by applicable law or relate to the addition of new Products or services.

13.4 We will notify you of any changes by email, via our Website, or using such other method as we agree with you at our sole discretion. You will be treated as accepting any change that we make to these Terms unless you tell us that you do not agree to the change, in which case you must notify us. We will treat such notification as termination of the relevant agreement(s) with us with effect from the date that the change would otherwise come into effect.

 

Cancellations & Refunds

14.1 Cancellation rights are only available to consumers in relation to Non-Investment Products, the price of which is not dependant on fluctuations in the financial markets. Cancellation rights are also not available to business customers.

14.2 Subject to clause A 14.1, if you are a consumer residing within the UK or European Economic Area, you have placed an order for Non-Investment Products via our Website or over the telephone, and you did not visit us in-store before entering an agreement for those Non-Investment Products under these Terms, you can cancel that agreement, without having to give any reason for doing so, during the period set out in clause A 14.3 below.

14.3 The period in which you may cancel your agreement with us under these Terms will expire after 14 days from the day that it was concluded. To exercise a cancellation right, you must inform us that you wish to cancel your agreement. You can inform us of your decision to cancel your agreement in-store, over the telephone on +44 (0)20 8149 9777, by post at Chards Investments, Suite 127, 100 Hatton Garden, London, EC1N 8NX, or by e-mailing us at [email protected].

14.4 With regards to the cancellation of any services provided by us in relation to Non-investment Products, if you exercise your right to cancel your agreement with us under these Terms in accordance with this clause A 14 after we have started providing those services, you must pay for them up until the time you tell us that you have changed your mind, and our fees in this case will be calculated on a pro rata basis in proportion to the period for which the services have been supplied. Any other fees (for services not yet provided) shall be refunded to you by the method you used for payment (unless otherwise agreed).

14.5 You agree that refunds may be made in the currency which you paid for the Non-Investment Products, or the equivalent in pounds sterling. As the exchange rate of cryptoassets and foreign currencies fluctuates frequently, the amount of any refund will be the amount in pounds sterling received by us at the time that we exchanged the payment received from you to pounds sterling, after the payment of any exchange and other fees paid at the time of receipt to transfer your fees into pounds sterling. As such, you accept that you may get back an amount less than the equivalent amount that you would have received had your fee not been converted into pounds sterling.

14.6 We will make any refunds due to you within 14 days of you telling us that you wish to cancel your agreement.

 

Complaints

15.1 If you wish to complain about any aspect of our services or Products please contact our customer service team at [email protected]. We are very keen to hear your concerns and to resolve any issues promptly.

 

Personal Data

16.1 We will use your personal data in accordance with our Privacy Policy and Cookies Policy. By entering into any agreement(s) under these Terms you also agree to these documents, and so you should take the time to read them.

 

Advertisements

17.1 If you wish to order any Product(s) advertised for sale in an advertisement (whether that Product is an Investment Product or a Non-Iinvestment Product), you should call us to check the availability and price of the Products that you wish to purchase before sending any payment to us for such Products.

17.2 If you place an order for an Investment Product in response to an advertisement, and the price of the relevant Investment Product has increased from that set out in the advertisement, we will contact you to check whether you would like to proceed with your order at the correct higher price. If we do not obtain your agreement to proceed within 24 hours of receiving your order, we will cancel your order and return any payments made by you as soon as reasonably practicable.

 

Quality

18.1 All images we show on our Website and in any of our other advertising materials (such as brochures and printed advertisements) of the Products we make available and their packaging are for illustrative purposes only. We cannot guarantee that you will get the exact Product or packaging pictured in those images. The images of Products or packaging used on the Website and in advertising materials may be generic images of a particular kind of Product, but not of the specific Product you purchase. Due to the nature of the Products we sell (including second hand Products), Products of the same type may vary in their packaging and may be subject to imperfections. For example, the condition of certain Products may not be pristine, Products and packaging may be scuffed or scratched, and packaging (including presentation boxes and their lining) may be stained or discoloured. Products will be graded depending on their condition and images of Products may not display the exact Product or the grade of Product that you are purchasing. Please refer to the written description of the Product when making any decision to purchase a Product.

 

Novation

19.1 We may appoint another entity to take over all or some of our rights and obligations under these Terms (the “New Entity”), in which case you consent to us transferring by way of novation all or some of our rights and obligations under these Terms to the New Entity. As soon as reasonably practicable following such novation, we shall notify you in writing of the effective date of such novation. From such effective date, all references in these Terms to “Chards”, “we”, “us” or “our” shall be deemed to be references to the New Entity.

 

Governing Law & Jurisdiction

20.1 If you are a consumer, please note that these Terms and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter. However, nothing in these Terms will override any mandatory laws of the country in which you have your usual place of residence.

20.2 If you are a business, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).

 

Miscellaneous

21.1 These Terms shall take effect from the earlier of the date on which you start using our Products or our services, or when we accept any order for our Products or services from you.

21.2 Each party to these Terms is an independent contractor and shall not describe or in any way hold itself out as being the agent of the other party. Nothing in these Terms shall give rise to a partnership, agency, employment relationship or joint venture between the parties.

21.3 Each of the provisions of these Terms are separate, severable and enforceable and, accordingly, if at any time any provision or part-provision of these Terms is or becomes invalid, void, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause A 21.3, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

21.4 You may not assign, lien, mortgage, transfer, charge or otherwise encumber any of your rights or obligations under these Terms.

21.5 We may assign the benefit of these Terms without restriction subject to compliance with applicable law and regulation.

21.6 The parties intend that any New Entity shall have the right to enforce any rights granted to it under these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999 (the "1999 Act"). Save as aforesaid, the parties do not intend that the provisions of these Terms shall be enforceable by virtue of the 1999 Act or otherwise by any person not a party to it. Notwithstanding this clause A 21.6, the consent any third party is not required for any variation (including any release or compromise of any liability) or termination of these Terms.

21.7 No variation or waiver of any of the terms of these Terms shall be effective unless agreed by us explicitly in writing. No failure or delay by us to exercise any right, power or remedy under these Terms shall operate as a waiver of that right, or any other right, nor shall any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that right or any other right, power or remedy.

Other Terms

1.1 A full list of our wider business terms and conditions can be found here and may contain other relevant information.

To Chard Investments:
Address: Suite 127, 100 Hatton Garden, London, EC1N 8NX , United Kingdom
Email: [email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following services,

Ordered on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate.