1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) regulate the conditions of using the website gold.ge, operated by Gold Avenue LLC (I/N: 420004499, address: Georgia, Tbilisi, Dzmebi Zubalashvili St. No. 1) (hereinafter referred to as the “Company”), and the terms of sale of gold (coins, bars, plates).
1.2. Unless otherwise specified, copyright and other intellectual property rights to the website and the material published on it belong to Gold Avenue LLC (I/N: 420004499, address: Georgia, Tbilisi, Dzmebi Zubalashvili St. No. 1).
1.3. The website belongs to Gold Avenue LLC (I/N: 420004499, address: Georgia, Tbilisi, Dzmebi Zubalashvili St. No. 1), and without the prior written permission of the Company, it is prohibited to extract, copy, store, or commercially use any data from the website, whether by mechanical means or by using any automated system, software (so-called “scraping”, “bots”, “spiders”), or other technical methods.
1.4. By using the website, you, the User, confirm that you have read these Terms and Conditions, unconditionally agree to these Terms and Conditions without any exception, as well as the Privacy Policy and “Cookie Policy”. If you do not agree to the Terms and Conditions, please cease using this website. Based on a special written agreement between the parties, individual purchase/service terms differing from these Terms and Conditions may be determined for individual clients (including within the framework of large/corporate purchases). In such cases, in the event of any inconsistency between the individual agreement and these Terms, the terms of the individual agreement shall prevail.
1.5. These Terms and Conditions constitute a legally binding agreement between the Company and you, which governs your use of the website and our services.
1.6. The Company reserves the right to update, modify, or revise these Terms and Conditions at any time. Any changes will become effective immediately upon being published on the website. The date of the last update will be indicated on the website. You are obliged to check the date of the last update of the Terms and Conditions every time you use the website and review the changes in case of an update. Your use of the website after changes are made to the Terms and Conditions constitutes your acceptance of the modified terms.
2.1. The Company carries out the sale of gold (including LBMA-certified bars, plates, and coins).
2.2. The Company acts as a seller, and all sales are carried out directly between the Company and the User.
2.3. The Company also carries out the standard purchase of gold (any type of precious metal, item, coin, or bar) from both physical and legal entities. The User realizes and agrees that the gold purchase/receipt service is not carried out remotely (via the website). Physical examination of the item, determination of fineness/weight, final price offer, execution of the respective written contract, and settlement take place exclusively face-to-face, at the official branch/trading stand of the Company, based on a pre-scheduled visit, in strict compliance with the current legislation and internal procedures.
2.4. The offers posted by the Company on the website constitute an invitation to offer addressed to the User and do not possess binding force.
3.1. The Company processes and, if necessary, shares the User’s personal information with those service providers that ensure the functioning of the website, including payment processing, technical support, and product delivery. The processing of personal data is carried out only to the extent necessary for the execution of the order and the fulfillment of obligations imposed by law.
3.2. For additional information regarding the processing of personal data, please review our “Privacy Policy”.
4.1. Registration on the Company’s website is free of charge.
4.2. The User must be (a) a physical person of at least 18 years of age, possessing legal capacity in accordance with the Civil Code of Georgia, and/or (b) a legal entity represented by an authorized physical person.
4.3. The User must correctly fill in all mandatory fields on the website when placing an order, and use true and accurate information during the user profile creation process.
4.4. The User confirms and warrants that the information provided to the Company is complete, correct, and true. Also, the User undertakes the obligation to timely introduce changes into the user profile by means of editing when using the website, including, without limitation, during the creation of the user profile, or when placing an order, or in case of changes to the data provided after such placement.
4.5. By using the website, you declare your consent that you will not use the service to violate the rights of third parties, to distribute spam, or to transmit viruses. It is prohibited to impersonate another user or attempt to gain unauthorized access to secured systems.
4.6. By using the website, you declare your consent that you will not use the platform for unlawful purposes, including fraud and/or money laundering.
4.7. The User realizes and confirms that protecting the security of the access data to the personal profile (account) is their personal responsibility. Any activity carried out on the platform using the User’s profile is considered, under an unconditional presumption, as an action performed by the User themselves, which gives rise to corresponding legal obligations. The Company is not responsible for unauthorized access to the account by a third party and the obligations assumed by them. Any damage caused by transferring the account to a third party or improper protection shall be fully borne by the User.
4.8. If you discover or suspect that someone has gained access to your account without your permission, please notify us immediately so that we can block your account within a reasonable timeframe.
4.9. The User declares and warrants that they are not under the influence of alcohol, drugs, psychotropic, or other substances that affect their mental and mental/intellectual capabilities and hinder the free expression of their will or making an informed and/or rational choice. The User declares and warrants that they will not use the website in such a state.
4.10. The Company reserves the right, at its sole discretion, without any prior notice, to restrict, suspend, or permanently terminate a User’s account if there is a reasonable suspicion of a violation of these Terms or the legislation of Georgia.
5.1. The gold prices placed on the website are dynamic and are generated in an automated mode, based on the current rate of the international precious metals exchange. When placing products in the Shopping Cart, the price remains dynamic and may change in accordance with the fluctuations of the international exchange.
5.2. The final value of the product includes the market price of gold, the Company’s markup, and all necessary taxes and fees provided for by the legislation of Georgia (if any).
5.3. The User initiates the order placement process through the system integrated into the website. Temporary fixation of the product price occurs only from the moment the User clicks the “Proceed to checkout” button and transitions to the settlement page.
5.4. Upon transitioning to the settlement page, the gold price is fixed and remains unchanged strictly for a defined period of 2 (two) minutes. During the said 2-minute period, the price is guaranteed and is not subject to change, despite subsequent fluctuations of the gold rate on the exchange. The User is obliged to complete the order within the specified timeframe (click the order confirmation/payment button). Immediately upon the fruitless expiration of the 2-minute period, the price fixation is automatically canceled, the price is updated in accordance with the current exchange rate, and the Company is fully released from the obligation to deliver the product at the old price.
5.5. By clicking the order confirmation/completion button, the User expresses their unconditional, final, and irrevocable will to enter into a purchase contract and acquire the selected product at the price fixed at the moment of placing the order.
5.6. In the event that, due to a systemic, technical software error or a delay in data received from third parties (global exchanges), the price of the product was reflected substantially incorrectly on the website (an obviously inappropriate/unrealistic price that significantly falls below the actual market value of gold), the Company reserves the unconditional right to unilaterally cancel such an order at any stage, including in the case where the User has already paid the amount. Upon cancellation of the order on this ground, the paid amount will be fully returned to the User, and the Company is released from the obligation to pay any additional compensation.
5.7. The Company is authorized, at its sole discretion, to refuse to accept an order or to cancel an already confirmed order on any ground.
6.1. When purchasing products directly on-site at the physical branch/trading stand of the Company, settlement is permissible both by non-cash and cash form (in GEL), in compliance with the limits established by the current legislation and the requirements of this Article.
6.2. When placing an order through the website (gold.ge), settlement is carried out exclusively in non-cash form in the national currency (GEL), using the following payment methods:
6.3. When purchasing online on the website, the User is obliged to successfully complete the settlement (payment authorization) before the expiration of the 2-minute time limit indicated on the settlement page (Checkout).
6.4. The purchase contract is considered concluded, and the order confirmed, only after the User makes the full payment within the established 2-minute timeframe, the transaction is successfully authorized by the payment system, and a unique number is assigned to the order. In the event of the fruitless expiration of the established timeframe, the price fixation is canceled. The risk of delay caused by banking transaction disruptions, weekends, or holidays is fully borne by the User.
6.5. Any bank commission and/or third-party service fee related to the transaction shall be fully borne by the User. The exact amount indicated in the invoice must be credited to the Company’s account. Partial payments are not permitted and do not give rise to an obligation on the part of the Company to perform the order (deliver the goods).
6.6. In the event that, due to a technical disruption occurring on the side of the payment system or the bank provider, the deduction/reflection of the amount occurred after the expiration of the 2-minute timeframe (delayed payment), the fixed price shall be considered null and void. Taking into account the rapid volatility of gold prices on the international market, the Company reserves the right, at its sole discretion, to:
6.7. Upon cancellation of the order (due to a delayed transaction or the User’s refusal to recalculate the price), the deducted amount will be returned to the User to the same bank account/card from which the payment was made, within a reasonable timeframe determined by the rules and procedures of the payment provider bank from the initiation of the transaction cancellation service by the Company, but no later than 2 business days, excluding any bank and/or transaction commissions (if any).
6.8. The Company does not collect, process, or store the full data of the User’s bank card (credit/debit). The online payment process and the processing of payment information are fully carried out through the secure platform of the partner commercial bank (or other authorized payment service provider). Accordingly, the Company fully disclaims responsibility for data storage security in the systems of the third party (provider) or its leakage in any form.
6.9. The Company does not assume responsibility for cases of loss, theft, or fraudulent use by a third party of the User’s bank card, electronic banking data, or other payment means. Any transaction performed by the payment system integrated into the platform and authorized by the bank shall be deemed as a voluntary and sanctioned performance by the User. The User is obliged to immediately notify the Company regarding the breach of security of their payment means, for the purpose of operational blocking of the User’s profile / orders by the Company.
7.1. The Company does not carry out the physical delivery (courier or postal service) of the purchased gold. The User is obliged to personally collect the order, successfully placed and fully paid for on the website, from the official branch of the Company located at the following address: Tbilisi, Shota Rustaveli Ave. No. 2/4, “Galleria Tbilisi” Shopping Center, G (floor), stand existing near the central entrance (hereinafter referred to as the “Branch”).
7.2. Due to high financial value and security requirements, strict identification of the User is mandatory when collecting the product from the Branch. Only the person under whose name and personal data the order was placed is authorized to receive the product. Upon issuance of the product, the User is obliged to personally present: (a) an active identification document of a citizen of Georgia (or passport) and (b) the unique order number generated on the website or the corresponding invoice.
7.3. Note: The Company reserves the right to refuse to issue the product to a third (authorized) person if there does not exist an appropriate power of attorney certified by notarial procedure, where the authority to collect the gold purchased on the website from the Branch is nominally indicated.
7.4. Upon issuance of the product purchased through the website, the joint observance of the following procedures is mandatory as a confirmation of the fact of delivery-acceptance and the proper fulfillment of the obligation by the Company:
Note: The combination of evidence provided for by this paragraph constitutes an unconditional and irrevocable confirmation of the full and proper fulfillment of the obligation undertaken by the Company towards the User. After the User / authorized person signs the document, the User is deprived of the right to claim non-delivery of the item or its unlawful collection by a third party.
7.5. The full risk of accidental destruction, damage, loss, or depreciation of the product passes from the Company to the User from the moment of the actual transfer of the product at the Branch. The User is obliged to check the physical condition, fineness, weight of the gold, and the correctness of the certificate (if any) at the moment of receiving the product (within the territory of the Branch itself). Claims expressed after leaving the Branch regarding physical damage or visual defects shall no longer be accepted.
7.6. The collection of an order successfully placed and paid for by the User on the website from the Branch is possible from 15:00 hours of the next business day following the placement of the order. The Company does not assume the obligation to issue the product on the same day the order is placed.
7.7. The User is obliged to collect the product no later than 10 (ten) business days from the execution of the order. In the event of the fruitless expiration of the said timeframe, the Company does not assume the obligation to store the gold in the User’s ownership free of charge. For exceeding the timeframe, the Company is authorized to impose a storage/protection fee on the User in the amount of 0.03% of the total value of the product per day or ensure the transfer of the product to a secure repository at the User’s expense.
7.8. The Company is authorized to use the right of retention of the item and refuse the actual transfer of the product to the User until they fully cover the accrued storage fee and other attendant costs. The parties explicitly agree that during the period of refusal to transfer (retention) of the product, the counting of overdue days and the accrual of the corresponding fee do not cease.
7.9. In the event that the accrued storage/protection fee payable by the User and the attendant costs related thereto reach or exceed 40% of the current market value of the purchased gold, the Company reserves the full and unconditional right, at its sole discretion, without any additional consent or prior notice: to carry out the forced buy-back of the product and the set-off of mutual claims under the following conditions:
7.10. From the exact second of the completion of the procedure defined by Paragraph 7.9 of this Article, the User’s ownership right to the gold fully ceases, and the Company’s obligation towards the User is considered fulfilled.
8.1. Since the price of gold depends on changes in the financial market (which the Company cannot control), the sold product is not subject to return or exchange.
8.2. After the successful placement of the order on the website, the User loses the right to unilaterally withdraw from the contract (return the product or cancel the order). On the part of the User, the transaction is deemed final, though its actual execution by the Company depends on the preconditions established by these Terms.
8.3. The Company is not obliged to carry out the buy-back of the product from the User. Nonetheless, the Company is authorized, at its sole discretion, in individual cases to offer the User the buy-back of the product in compliance with the following conditions:
9.1. Gold Avenue LLC, in accordance with the legislation of Georgia “on Facilitating the Prevention of Money Laundering and the Financing of Terrorism”, constitutes an independent accountable person (an entity carrying out trade in precious metals) and operates within the framework of its own compliance control system.
9.2. Since settlement on the website is carried out exclusively in non-cash form, online purchases are not subject to mandatory preventive measures (KYC), except for exceptional cases directly provided for by legislation.
9.3. For the purpose of protecting the requirements of the current legislation of Georgia, preventing fraud, and ensuring a secure business environment, the Company reserves the full and unconditional right to:
9.4. In the event that a settlement in cash is carried out at the physical branch/trading stand of the Company, the amount of which (or the total amount of linked transactions) exceeds 30,000 GEL (or its equivalent in foreign currency), the Company will conduct the mandatory identification and verification (KYC) of the client in accordance with the requirements of the law. A refusal by the client to undergo this procedure or to submit documentation will become a ground for an unconditional refusal to transfer the product and the return of the paid amount.
9.5. The User realizes and agrees that in case of revealing a suspicious or unusual transaction/activity, the Company is authorized and obliged, under the procedure established by legislation, to provide information and the corresponding reporting to the Financial Monitoring Service of Georgia and/or other competent state bodies such that it shall not be imposed with the obligation of prior or subsequent informing of the User regarding the aforementioned.
10.1. Any information, news, analytical material, price, graph, or other data placed on the website is provided exclusively for general informational purposes and in no case constitutes (a) investment, financial, tax, or legal advice; (b) an offer or invitation to make any investment decision; (c) a guarantee or forecast of future results. The User realizes that they make any investment decision independently, at their own risk and responsibility.
10.2. Trading in precious metals contains a high financial risk. The Company fully disclaims responsibility for any direct or indirect financial damage that may be sustained by the User due to fluctuations in the price of gold on the global market, changes in liquidity, or other economic factors before purchasing, during the purchasing process, or in the post-purchase period.
10.3. The platform and the services related thereto are provided to you on an “As-Is” and “As-Available” principle. The Company does not give any type of guarantee regarding the uninterrupted, error-free, or secure operation of the website. The Company is not liable for any damage caused by technical disruptions, server outages, cyber-attacks, internet provider faults, or inaccuracies/delays in the data of third parties (including global price provider systems).
10.4. To the maximum extent permitted by the legislation of Georgia, the Company (its directors and employees) is not liable for indirect damage, moral damage, and unreceived income. In any case, the total legal liability of the Company towards the User is limited only to the amount actually paid within the framework of that specific order which gave rise to the dispute.
11.1. The Company ensures and gives a guarantee that the characteristics of the gold for sale placed on the website fully correspond to the specified description.
11.2. In the case of gold certification, a corresponding indication will be fixed in the description.
11.3. The User realizes that damage to or opening of the original packaging of the product automatically causes the cancellation of the certificate and a reduction in the value of the item, for which the Company is not liable.
12.1. The Company is released from liability for non-fulfillment of obligations if this is caused by an insurmountable force (Force Majeure), such as: natural disasters, war, customs and logistical disruptions, technical suspension of the exchange’s operation, and other insurmountable forces.
13.1. These Terms are governed by and construed in accordance with the legislation of Georgia.
13.2. Any dispute arising between the parties must be resolved through mutual negotiation. In the event of failure to reach an agreement, the dispute shall be considered within the common court system of Georgia, in accordance with the current legislation of Georgia, based on the material law of Georgia, excluding those norms of the Law of Georgia “on Private International Law” that point to the application of the legal norms of a foreign country.