You are subject to the Disclaimers (Available by hyperlink) that have been made by NBH, which we encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by NBH . In addition, you represent and warrant to NBH that you have sufficient experience and knowledge to make informed decisions to purchase from us. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that NBH is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of NBH, and you expressly acknowledge that NBH is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
All investments involve risk – coins and bullion are no exception. The value of a bullion coin is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment. Therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
You shall indemnify and hold harmless NBH and its affiliates, directors, officers and stakeholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to NBH or (b) your failure to comply with this User Agreement or the policies adopted by us. Limitation of Liability. You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by NBH. In the event that, notwithstanding such limitations of liability, NBH is determined to be liable to you in connection with any transaction between NBH and you pursuant to this User Agreement, the liability of NBH to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. NBH shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Either NBH or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of NBH and you with respect to the period prior to the termination.
Default Rights & Remedies
Upon any failure by you to comply with your obligations to NBH , NBH shall have all of the rights and the remedies, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, NBH may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of NBH in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by NBH of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
Our Market Loss Policy (Ask to ask policy)
When purchasing from NBH, once we have issued a confirmation number, the price is locked in for you and canceling transaction after that will make you liable for whatever loss happens due to market fluctuation. Any deficit between the price at which we sold to you and the current market spot price, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a 5% of the transaction amount as cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of NBH. In addition to the other rights and remedies available to NBH, in the event of any failure by you to comply with this User Agreement, NBH may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures.
Costs & Expenses of Collections
In the event that NBH must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by NBH, including, without limitation, reasonable attorneys’ fees, in connection with such action.
Choice of Law
If any disputes arise between us regarding your use of this Web site, such disputes shall be resolved according to the laws of the United Arab Emirates.
Any message you send to us via email, postcard, letter, voice mail or other transmission relating to your use of this site, other than an actual order of merchandise, shall be and remain NBH ’s property, and we shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and emails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
Under no circumstances shall NBH be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages. If you have any questions, please do not hesitate to contact one of our diamond and Jewelry consultants at [email protected]
NBH may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website. This User Agreement may not be otherwise amended except by written agreement between NBH and you.
This User Agreement sets forth the entire understanding between NBH and you with respect to the subject matter of this User Agreement. If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, send your questions through email on [email protected]