Terms and Conditions

Contract

Please read the following important terms and conditions before you buy precious metals (including gold, silver and any other precious metals available for sale on our website herein referred to as “Metals”) on our site

This contract sets out:

• your legal rights and responsibilities
• our legal rights and responsibilities, and
• certain key information as required by law

In this contract:

• We, us or our means Dukia Gold & Precious Metals Refining Co. Ltd, and
• You or your means the person using our site to buy Metals from us

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• e-mail at info@dukiagoldrefinery.co
• telephone at +234 803 569 2881 or +234 703 323 8121.

We may record calls for quality control and training purposes. We are registered in Nigeria under company number: RC 1564963. Our registered office is at: 2A Idowu Olaitan Street, Gbagada Phase 2 Estate, Gbagada, Lagos.

Your Acknowledgements

• We do not provide investment advice and we make no representation regarding your ability to profit, or otherwise, from purchasing our Metals.
• We accept no liability for any loss you may suffer as a result of your decision to purchase our Metals.
• You acknowledge that the market rate for Metals can go down as well as up.
• You acknowledge that FX rate can be volatile and Dukia Gold bears no responsibility for this
• The purchase price for our Metals is inclusive of the bid/ask spread.
• It is your responsibility to seek your own independent legal/financial advice.
• We bear no responsibility for failures in technology and network connections, etc. that may impede your ability to conclude your transactions on time and or successfully on our site
• You acknowledge that our trading terms can change and or be updated without prior notice

1. Introduction

1.1 If you buy Metals on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any Metals, you also agree to be legally bound by:

• 1.3.1 our Website Terms and Conditions
• 1.3.2 extra terms which may add to or replace some of this contract. This may happen for (by way of example and without limitation) security, legal, or regulatory reasons.
• 1.3.3 specific terms which apply to certain Metals.

2. Ordering Metals from us
2.1 Below, we set out how a legally binding contract between you and us is made.
2.2 We currently offer our Metals on a Spot Sales basis
2.3 You place an order on the site by clicking through the ‘buy’ process on our Website. Please read and check your order carefully before submitting it. However, if you need to correct any error you can do so before submitting it to us.

• 2.3.1 Prices stated on our website are ‘live’ and may fluctuate until the moment that you order and payments for your order are received in any of our designated bank accounts.
• 2.3.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
  • the Metals are no longer available
  • we cannot authorize your payment
  • we have not received your payment
  • you are not allowed to buy the Metals from us
  • we are not allowed to sell the Metals to you
  • you have ordered too many Metals
  • there has been a mistake on the pricing or description of the Metals
  • During times of severe market volatility
  • Problems with KYC documents provided by you to us
  • In compliance with AML/ SCUML provisions
  • Other reasons beyond our control which make it impossible for us to conclude the transaction
• 2.3.3 We will only accept your order when we email you to confirm this. At this point:
  • a legally binding contract will be in place between you and us, and
  • your gold wallet will be credited with the purchased quantity

2.4 If you are under the age of 18 you may not buy any Metals from our site directly. However, your Parent can open an account linked to your Parent’s account and purchase Metals for you. This account will be transferable to you for direct management once you attain the age of 18 years and comply with the necessary KYC requirements.
2.5 In the event where your purchase is made offline (by call or email to our sales team), payment of a deposit which is a minimum of 20% of the total price of the order will be advised to you and will be required to secure your order for two (2) business days. This deposit is refundable subject to the penalty fees as described in 2.9once your order has been placed if the cancellation is from you.
2.6 In the event that your deposit is not received within the stipulated period on the invoice, a new invoice will be generated to reflect the current pricing of the Metals.
2.7. Once you have placed an order there is no right of cancellation due to the fluctuating nature of the precious metals market. In this instance a penalty fee of a non-refundable deposit will apply.
2.8. If the balance is not received within two (2) business days, your order may be deemed cancelled and the penalty fees as described in 2.9 shall apply. If you expect your payment to be late, promptly get in touch by email at info@dukiagoldrefinery.co or call +234 703 323 8121 and an exception can be granted.
2.9 You will be required to pay a penalty which includes an administrative charge of N2,000.00 per gram plus the difference in the Metals value if the price of Metals as at the time your order was secured, is higher than the price as at the time the order is deemed cancelled as described in 2.5, 2.6, 2.7 and 2.8.

3. Storage

3.1 Storage is at our designated LBMA Certified Vault which would be advised to you from time to time
3.2 In the event that you opt for storage at our partner storage facility, you will be responsible for the payment of the storage fees.
3.3 A Monthly Storage Fee of 0.2316% plus VAT calculated on a daily basis based on the LBMA value of the Metals held in secure storage at a designated LBMA Certified Vault is due and payable by you. The accrued monthly Storage Fee is billed to you quarterly.
3.4 The Storage Fee is inclusive of insurance and storage only.
3.5 Additional handling charges will apply for segregation of Metals in the designated LBMA vault, transfer of Metals within the designated LBMA vault, and 3rd party load/unload of the Metals into/from the LBMA designated vault. These charges will be as quoted as at when the services are required.
3.5 At our discretion we may waive storage fees for the first quarter of storage at our facilities
3.6 All outstanding storage fees, etc. are due and payable by you on a timely basis.
3.7 All storage fees left unpaid are immediately deductible from the value of your Metals held with Us. We therefore reserve the right to deduct all outstanding fees from the balance of Metals stored with us at any time.

4. Delivery

4.1 in the event that you require the delivery of your product, you will be required to send us a delivery request. Please note that at least 3 working days’ notice is required for us to notify the Vault to arrange delivery to the designated Courier or Logistics Company.
4.2 Please note that you are responsible for the cost of delivery from the Vault to your delivery address. These costs include Transportation, Courier, Logistics, Handling and applicable taxes and duties
4.3 The estimated time for delivery of the Metals is as advised by the courier services and you would be notified of same and the costs
4.4 You will be expected to confirm acceptance of the estimated and or quote including confirm your acceptance or otherwise of the selected Courier/ Logistics service and pay in full the agreed fee
4.5 We are not responsible for the safety & Security Metals once the Metals have been delivered to the Courier/ Logistics Company by us. You are therefore required to make arrangement for additional insurance, if required by you
4.6 Please note that the 3P courier/ Logistics are responsible for delivery of all Metals and should be able to provide you with tracking details. If something happens which:

• is outside of our control, and
• affects the estimated date of deliver

4.7 Delivery of the Metals will be to the address that you provided to us and which is in our records.
4.8 All orders will be deemed delivered when signed for by any person at the delivery address or confirmed as delivered by our couriers. You must satisfy yourself before requesting any delivery that this will be secure as any loss incurred after the delivery is signed for at the address or confirmed as delivered by our couriers will be your liability. This may particularly be a risk for you if you live in a house of multiple occupation or you choose delivery to a work address
4.9 Unless you agree otherwise, if we cannot deliver your Metals within 30 days, we will:

• let you know
• cancel your order, and
• give you a refund

4.10 You are responsible for the Metals when delivery to the Courier/ Logistics company has taken place. In other words, the risk in the Metals passes to you when your approved Courier/ Logistics Company has taken possession of the Metals.

5. Payment

5.1 Bank transfer can be used for any transaction size.
5.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Metals is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third-party gains unauthorized access to any information that you give us.
5.3 The price of the Metals:

• is in Nigerian Naira
• does not include the cost of delivering the Metals if you want delivery
• does not include applicable customs, duties, surcharge, taxes that may apply

6. ID Requirements

6.1 We will require a full KYC documentation in line with relevant guidelines, (MMSD, OECD, LBMA, WGC, etc.,), Industry Best Practices and Regulatory Requirements (MMSD, SCUML, CBN, etc.). This KYC documentation will include Verifiable Government Photo ID, Proof of address, Incorporation documents, Licenses etc.
6.2. We may, at our discretion, and in any event for any order exceeding N10,000,000.00 (Ten Million Naira) require you to provide certified proof of identity including a certified copy of your photographic ID (passport or driving license) and a copy of a recent utility bill (dated in last 3 months). 6.3 You authorize us to use your personal information to conduct anti-fraud checks including passing your information to credit reference or fraud prevention agencies. All personal data provided will be treated in accordance with the Nigerian Data Protection Regulation, 2019 (“NDPR”)

7. Nature of the Metals

7.1 Our Metals are sourced and traded in line with the OECD, LBMA, WGC and MMSD Guidelines.
7.2 While we ensure that:

• all weights, sizes and measurements set out on the website are as accurate as possible
• the colours of our Metals are displayed accurately on the website, the actual colours that you see on your computer may vary depending on the monitor that you use

7.3 If we cannot supply certain Metals (such as specific coins or bars) we may need to substitute them with alternative Metals of equal or better standard and value. In this case:

• we will let you know if we intend to do this, but this may not always be possible
• you can refuse to accept such substitutes before arrangements are made for delivery; in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for

8. End of the contract

8.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
8.2 All outstanding storage fees, etc. are due and payable by you on a timely basis.
8.3 All fees left unpaid are immediately deductible from the value of your Metals held with us. We therefore reserve the right to deduct all outstanding fees from the balance of your Metals stored with us

9. Limit on our responsibility to you

9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

• losses that: were not foreseeable to you and us when the contract was formed
• losses that: that were not caused by any breach on our part
• business losses
• losses to non-consumers

10. Disputes

10.1 We will try to resolve any disputes with you quickly and efficiently.
10.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you
10.3 If you want to take court proceedings, the relevant courts in Nigeria will have exclusive jurisdiction in relation to this contract
10.4 Relevant Nigeria law will apply to this contract

11. Third party rights

11.1 No one other than a party to this contract has any right to enforce any term of this contract.