Precious Metal Purchase Agreement
This page (together with the documents referred to on it) tells the Customer the terms upon which Megan Jewellery Sdn Bhd will purchase the Precious Metal Products from the Customer.
The Customer should read these terms carefully before the Customer starts to use the Site or accepts Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products from the Customer. By using the Site, accepting Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products or sending the Precious Metal Products to Megan Jewellery Sdn Bhd, the Customer agrees that he accepts these terms and that he agrees to abide by them. If the Customer does not agree to these terms, the Customer should refrain from using the Site and should not send any Precious Metal Products to Megan Jewellery Sdn Bhd or accept Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products.
Definitions and Interpretations
Megan Jewellery Sdn Bhd – No. 19, Tingkat Kikik 7, Taman Inderawasih, 13600 Prai, Pulau Pinang
Customer – the person who accesses the Site, sends Precious Metal Products to Megan Jewellery Sdn Bhd and/or who accepts an offer made by Megan Jewellery Sdn Bhd to purchase the Precious Metal Products.
Precious Metal Products – the products which the Customer sends to Megan Jewellery Sdn Bhd for testing and valuation, with a view to Megan Jewellery Sdn Bhd making an offer to purchase such products.
Site – www.meganjewellery.com
Spot Price – the regularly updated current market prices for Gold, Silver and Platinum displayed on the Home Page of this website.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a gender shall include a reference to the other genders.
Words in the singular shall include the plural and vice versa.
Information about Megan Jewellery Sdn Bhd
The Site is operated by Megan Jewellery Sdn Bhd. The business address of Megan Jewellery Sdn Bhd is No. 19, Tingkat Kikik 7, Taman Inderawasih, 13600 Prai, Pulau Pinang.
Where the Customer has any complaint regarding the Site or the purchase by Megan Jewellery Sdn Bhd of the Precious Metal Products, the Customer should contact Megan Jewellery Sdn Bhd at No. 19, Tingkat Kikik 7, Taman Inderawasih, 13600 Prai, Pulau Pinang. Megan Jewellery Sdn Bhd shall endeavour to respond to all complaints within five working days from the date of receipt of the complaint.
Where the Customer makes a complaint, the Customer shall provide his full name, address and telephone number and where applicable, his transaction reference number or ID.
Customer Requirements
The Customer warrants and represents to Megan Jewellery Sdn Bhd that:
(a) he is at least eighteen (18) years old; and
(b) he is the legal and beneficial owner of the Precious Metal Products, which are owned free of any encumbrances or other rights which may affect his rights to ownership of the Precious Metal Products or the value of the Precious Metal Products; and
(c) he is acting on his own behalf and not as agent or representative for any other person.
Offer to Purchase
The Customer shall complete a Precious Metal Description Form as set out on the Site and send the Precious Metal Products to Megan Jewellery Sdn Bhd. By sending the Precious Metal Products to Megan Jewellery Sdn Bhd, the Customer irrevocably authorises Megan Jewellery Sdn Bhd to test and value the Precious Metal Products.
Upon receipt of the Precious Metal Products by Megan Jewellery Sdn Bhd, Megan Jewellery Sdn Bhd may test and value the Precious Metal Products and make an offer to purchase the Precious Metal Products from the Customer based on:
(a) the results of the tests;
(b) the Spot Rate at the time that the Precious Metal Products are received by us; and
(c) the deduction of a minimum Refining Fee of 5% for Gold
Precious Metal Products may be tested using a range of non-destructive and destructive tests. Consequently, Precious Metal Products may become tarnished or may be filed during testing. Such testing will be restricted to the smallest area of the Precious Metal Products possible and will be conducted on an inconspicuous area of the Precious Metal Products whenever possible. By submitting Precious Metal Products for testing, the Customer shall hold Megan Jewellery Sdn Bhd harmless from any claim relating to tarnishing and/or damage associated with a testing procedure.
Any offer made by Megan Jewellery Sdn Bhd shall remain open to acceptance by the Customer for 24 hours. If the Customer does not accept Megan Jewellery Sdn Bhd offer within 24 hours, Megan Jewellery Sdn Bhd reserves the right to withdraw the offer and re value the Precious Metal Products to reflect any fluctuations in world precious metal prices.
If Megan Jewellery Sdn Bhd does not make an offer to purchase the Precious Metal Products or the Customer does not accept Megan Jewellery Sdn Bhd’ offer to purchase, the Precious Metal Products could then be collected at Megan Jewellery Sdn Bhd during operation hours will return the Precious Metal Products to the Customer by Royal Mail Special Delivery within a reasonable time.
Where Megan Jewellery Sdn Bhd returns the Precious Metal Products to the Customer, Megan Jewellery Sdn Bhd reserve the right, at its absolute discretion, to charge the user MYR 15 per package for postage, packing and insurance of the returned consignment. Post Office terms and conditions may require us to divide a high value consignment or a heavy consignment between multiple packages and in such a case we will advise a subsequence charge per package required. This is to ensure that the consignment will be traceable, fully insured and will require a signature on delivery.
Payment
Where the Customer has accepted Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products, Megan Jewellery Sdn Bhd will make payment in accordance with the valuation determined by Megan Jewellery Sdn Bhd by either:
(a) Faster Payment Systems (FPS) – where the money will usually be in the Customer’s account within 2 working days when the payment is processed by Megan Jewellery Sdn Bhd. This service is charged at MYR 1.50 per transfer to clients holding compatible bank accounts and is our preferred payment method, the fee being deducted from the valuation figure; or
(b) CASH PAYMENTS will be collectable at Megan Jewellery Sdn Bhd, on an appointment basis.
(c) Megan Jewellery E-Wallet – where the credit will usually be in the Customer’s user account within 3 working days when the payment is processed by Megan Jewellery Sdn Bhd.
The time periods specified above may vary depending upon the terms, policies and procedures of the Customer’s bank.
If the Customer does not receive payment by Megan Jewellery Sdn Bhd within 14 days from the date that the Customer accepts Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products, the Customer must notify Megan Jewellery Sdn Bhd who will, if necessary, arrange for alternative payment. Failure to contact Megan Jewellery Sdn Bhd within that period, or to cash any cheque received from Megan Jewellery Sdn Bhd within 6 months from receipt, forfeits whatever rights the Customer may have to payment.
Without prejudice to any other right or remedy, Megan Jewellery Sdn Bhd reserves the right to set off any amount owing at any time from the Customer to Megan Jewellery Sdn Bhd against any amount payable by Megan Jewellery Sdn Bhd to the Customer under this agreement.
The Customer agrees that, in the event of obvious error resulting in an overpayment, the Customer will repay the sum equivalent to the overpayment to Megan Jewellery Sdn Bhd within 48hrs of receiving communication from Megan Jewellery Sdn Bhd requesting repayment.
Risk/Property
The Precious Metal Products shall remain at the risk of the Customer until delivery to Megan Jewellery Sdn Bhd is complete.
Ownership of the Precious Metal Products shall pass to Megan Jewellery Sdn Bhd on the date that the Customer accepts Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products.
Delivery, Receipt and Return of the Precious Metal Products
The Customer shall send the Precious Metal Products to Megan Jewellery Sdn Bhd. Megan Jewellery Sdn Bhd shall not be liable for any loss of or damage to the Precious Metal Products arising directly or indirectly from the Customer’s use of inadequate packaging or alternative shipping arrangements. We accept no responsibility for the loss or damage of goods whilst in transit to us. On receipt of the Precious Metal Products, Megan Jewellery Sdn Bhd will confirm receipt to the Customer by e-mail or telephone.
Megan Jewellery Sdn Bhd reserves the right to reject delivery of any Precious Metal Products where the packaging appears to be damaged, opened or tampered with and any Precious Metal Products will be returned by the carrier to the Customer in the same packaging.
Mixed Carat Consignments
Megan Jewellery Sdn Bhd is happy to receive packages of assorted Carat Precious Metal Products. Megan Jewellery Sdn Bhd will sort, test, weigh and value the Precious Metal Products. Megan Jewellery Sdn Bhd will provide the Customer with a breakdown of values per Carat type if Megan Jewellery Sdn Bhd makes an offer to purchase the Precious Metal Products.
Precious Metal Plated and Non Precious Metal Items
Megan Jewellery Sdn Bhd do not purchase Precious Metal Plated and non – Precious Metal items.
Gemstones in the Consignment
Megan Jewellery Sdn Bhd do not buy gemstones. Any gemstones within Precious Metal Products received by Megan Jewellery Sdn Bhd will not be returned to the Customer by Megan Jewellery Sdn Bhd as removal of such stones is time consuming and in most cases the labour charges generated far outweigh the profit margin that Megan Jewellery Sdn Bhd may have in the Precious Metal Products. Where the Customer wishes to retain a gemstone in a Precious Metal Product, the Customer shall remove it before sending the Precious Metal Products to Megan Jewellery Sdn Bhd.
Other Items
Where the Precious Metal Products contain or are attached to non precious metal materials (other than gemstones), Megan Jewellery Sdn Bhd will detach or separate the non precious metal materials for disposal.
Where the Customer wishes to retain the non precious metal materials, it shall notify Megan Jewellery Sdn Bhd in writing on or before the date that Megan Jewellery Sdn Bhd receives the Precious Metal Products.
Where Megan Jewellery Sdn Bhd receives notification from a Customer, it shall return the non precious metal materials to the Customer.
Where Megan Jewellery Sdn Bhd returns the non precious metal materials to the Customer, the Customer accepts that damage to the non precious metal materials may result from the detachment/separation process and the Customer will hold Megan Jewellery Sdn Bhd entirely blameless for such damage. Megan Jewellery Sdn Bhd may charge the Customer for postage and packing of the returned non precious metal materials (at a maximum charge of MYR15).
The Customer shall pay any fee charged by Megan Jewellery Sdn Bhd within 14 days from the date of the invoice or the date of the email sent by Megan Jewellery Sdn Bhd to the Customer notifying the Customer that such charges are due and payable. Where the Customer does not make payment within such time period, Megan Jewellery Sdn Bhd shall be under no obligation to return the non precious metal materials and may dispose of them as it sees fit.
Description Form
The Customer shall complete and submit the “Precious Metal Description Form” included on the Site.
Where there is any conflict between the details on the Description Form and the weights, type of Precious Metal or value of Precious Metal Products as determined by Megan Jewellery Sdn Bhd, the determination by Megan Jewellery Sdn Bhd shall prevail.
Where the Customer accepts Megan Jewellery Sdn Bhd’ offer to purchase the Precious Metal Products and sends the Precious Metal Products to Megan Jewellery Sdn Bhd, such Contract shall be binding, whether or not the Customer has failed to complete the Description Form, partly completed the Description Form or failed to sign the Description Form.
Cancellations
Megan Jewellery Sdn Bhd tests the Precious Metal Products immediately upon receipt from the Customer therefore the Customer’s rights (if any) to any cooling off period under the Distance Selling Regulation shall not apply.
Intellectual Property
The Customer warrants and represents that he understands that all the information, designs, text, graphics, code, software and any other materials contained in this Site, as well as arrangement thereof are copyrighted to Megan Jewellery Sdn Bhd and are protected by copyright law. ALL RIGHTS ARE RESERVED.
Megan Jewellery Sdn Bhd grants a revocable permission to the Customer to electronically copy and to print hard copy portions of this Site for the sole purposes of personal non-commercial use under the condition that the Customer agrees not to change, delete and/or modify any content, web design and/or layout contained in that material.
Data Protection
The Customer’s personal information and payment details will be protected in accordance with the PERSONAL DATA PROTECTION ACT 2010.
The Customer may request a copy of any information held by Megan Jewellery Sdn Bhd and Megan Jewellery Sdn Bhd may charge the Customer an administration fee of MYR15 for providing such information. The information must be requested in writing to the address stated in these terms and signed by the Customer. The Customer may request Megan Jewellery Sdn Bhd to correct any inaccuracies in the information held about the Customer. Such a request must be in writing, signed and sent to the address stated in these terms.
Megan Jewellery Sdn Bhd will maintain records of the sale and purchase of the Precious Metal Products for a minimum of 1 year from the date of the transaction, which records shall contain a copy of the original “Description Form” filled in by the Customer.
Limitation of Liability
Megan Jewellery Sdn Bhd excludes to the fullest extent permissible in law all conditions, warranties and stipulations, express (other than those set out in this clause) or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the Customer.
The provisions do not affect Megan Jewellery Sdn Bhd’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The following provisions set out Megan Jewellery Sdn Bhd’ entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the Customer in respect of:-
(a) a breach of Megan Jewellery Sdn Bhd’ contractual obligations under these terms;
(b) a tortious act or omission of Megan Jewellery Sdn Bhd for which Megan Jewellery Sdn Bhd is liable; or
(c) an action arising out of a misrepresentation by or on behalf of Megan Jewellery Sdn Bhd (other than a fraudulent misrepresentation);
arising in connection with the performance or contemplated performance of the Contract.
The total liability which Megan Jewellery Sdn Bhd shall owe to the Customer in respect of all successful claims under these terms shall not exceed the lesser of:
(i) 20% of the Certified, Appraised value of the relevant Precious Metal Products, appraised within the period of 30 days before receipt by Megan Jewellery Sdn Bhd. Megan Jewellery Sdn Bhd reserves the right to verify the relevant Appraisal Certificate and documentation with a third party.
(ii) Megan Jewellery Sdn Bhd shall in no circumstances be liable to the Customer for any consequential loss or (whether before or after termination of this agreement) be liable to the Customer for any loss of data and the Customer shall at all times keep adequate back up copies of the data and programs held or used by the Customer.
The exclusions from and limitations of liability set out shall be considered severable. The validity or unenforceability of any one clause, sub-clause, paragraph or sub paragraph shall not affect the validity or enforceability.
The provisions shall survive the termination of the whole or a part of this agreement.
The Customer acknowledges that the above provisions are reasonable.
THIS DOES NOT AFFECT THE CUSTOMER’S STATUTORY RIGHTS AS A CUSTOMER.
Indemnity
The Customer shall indemnify, defend and hold Megan Jewellery Sdn Bhd and its affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of the Customer’s violation of these terms, or the infringement by the Customer of any intellectual property or other right of any other person or entity.
The Gold and Platinum Calculators
The Gold Calculator and the Platinum Calculator features on the Site are for the Customer’s convenience and shall only be treated as displaying an approximate price of the Precious Metal Products, providing that the information given is accurate (based upon current market precious metal value on the day of use, and not necessarily the price of precious metal on the day Megan Jewellery Sdn Bhd receives the Precious Metal Products). The Gold Calculator’s and the Platinum Calculator’s generated price shall not be treated as a binding offer which the Customer accepts by sending the Precious Metal Products. All Precious Metal Products must be accurately valued by our jewellery experts before a formal offer is made. Whilst we attempt to maintain the accuracy of this service, no liability is accepted for any errors or omissions.
Legal Jurisdiction
These terms are governed by English Law and by accepting these terms the Customer is submitting to the exclusive jurisdiction of the Courts of England in the event of a dispute.
Amendments to Terms and Conditions
Megan Jewellery Sdn Bhd may update these terms and the format and content of the Site from time to time and such changes shall become effective from the date upon which they are posted on the Site. Where the Customer continues to use the Site after the date on which the changes come into effect, the Customer’s use of the Site will indicate the Customer’s agreement to be bound by the new terms. Therefore the Customer should check these terms each time he revisits the Site.
Third Party Rights
A person who is not a party to these terms shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third parties) Act 1999.
Communication
The Customer agrees that he has provided to Megan Jewellery Sdn Bhd his correct email address, physical address, and telephone number and agrees that it is his responsibility to provide Megan Jewellery Sdn Bhd with any updated contact information. The Customer further agrees that any email message that Megan Jewellery Sdn Bhd sends to the Customer is deemed to have been effectively received by the Customer and constitutes due notice to the Customer for any purpose required in these Terms and Conditions.
Waiver
No failure or delay by Megan Jewellery Sdn Bhd to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Further Assurance
The Customer shall and shall use all reasonable endeavours to procure that any necessary third party shall promptly execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement.
Severance
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected.
If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
EU Online Dispute Resolution Platform
All businesses selling goods and services online to consumers in the EU must supply a link to the EU Online Dispute Resolution Platform on their website, In compliance with our obligation under the ADR Directive of 2013 the following link provides access to the EU Online Dispute Resolution Platform: http://ec.europa.eu/consumers/odr