INTRODUCTION
The terms and conditions set out below are those under which Tara Gold and Silver Limited, trading as Tara Coins, supplies all products and services advertised on our website.
Please read these terms carefully as they form the basis of our contract with you. If you do not agree, please do not use our website or attempt to buy, sell or store precious metals with us.
You should retain a copy of these terms for future reference – either save them electronically or print them out.
These terms and conditions apply to all transactions between you and Tara Gold and Silver Limited, including the purchase, sale and storage of precious metals and all related services. By using our services – whether via our website at www.TaraCoins.com, by email, telephone or in person – you agree to be bound by these terms.
The Tara Gold and Silver Limited terms and conditions govern the terms upon which Tara Gold and Silver Limited (trading as Tara Coins with company number 67988), and having our registered office at Tara Gold and Silver Limited, Harcourt Centre, Block 4 Harcourt Rd, Saint Kevin's, Dublin, D02 HW77, Republic of Ireland (hereinafter referred to as "we" or "Tara Gold and Silver Limited") shall supply you, the customer (hereinafter referred to as "you" or the "Customer") with services in relation to the purchase, sale and secure storage of precious metals, to include the purchase and sale by you of gold and silver bullion rounds, coins and bars and the storage of precious metals (the "Services").
1.1 The following definitions and rules of interpretation apply in the Terms and Conditions:
"Business Hours" are 9:00 to 17:00 (Irish Standard Time, IST) during the working day;
"Client Account" means the current account as defined in Condition 10;
"Conditions" means the terms and conditions herein contained;
"Contract" means, as the case requires, any and each contract that exists between Tara Gold and Silver Limited and the Customer in relation to the provision of any of the Services and for the avoidance of doubt each transaction concluded with a Customer shall be regarded as giving rise to a separate Contract governed by the Terms and Conditions then in force in accordance with Condition 3;
"Customer" means any person, entity, fund or corporation who becomes a customer of Tara Gold and Silver Limited in accordance with Condition 3 below;
"Tara Gold and Silver Limited Chain of Integrity Standard" describes the location of any and all precious metal bought or sold, that said metal holdings must always remain within the custody of Tara Gold and Silver Limited or a depository approved by Tara Gold and Silver Limited and where relevant, transported by a transport party approved by Tara Gold and Silver Limited (an "Integrity Party"), such that the said metal has never been transported to or by or held by any party other than an Integrity Party between the time at which it was sold by Tara Gold and Silver Limited and the time it is purchased by Tara Gold and Silver Limited;
"Intellectual Property Rights" means all rights to inventions, patents, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, design rights, rights in computer software, database rights, typographical rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all obligations for renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world;
"Physical Bullion" shall mean gold, silver, platinum, palladium, copper bullion bars, rounds, medals and coins including collector, graded (PCGS, NGC) and numismatic coins and medals;
"Spot Metal Price" or "Metal Prices" means the live market price per one troy ounce, or other weight (1g, 0.1 oz, 0.25 oz, 2 oz, 5 oz, 10 oz, 1 kilo, 5 kilo, 15 kilo, 400 oz, 1,000 oz etc) if stated, of the underlying metal, for immediate delivery as verbalised on the phone and sent by trade confirmation or invoice.
"Storage Provider" means a storage provider satisfying the requirements specified in Condition 18;
"Schedule of Charges" means the fees and charges for services, found on the services page of our website and including prevailing rates for the storage of metal holdings;
"Trading Opportunity" means each occasion during Business Hours on a Working Day when Tara Gold and Silver Limited is able to execute transactions in the relevant precious metal on the wholesale market, typically occurring at regular intervals throughout the trading day;
"Unit Price" means the price per one troy ounce, or another denomination if stated, of the underlying precious metal at which Tara Gold and Silver Limited will buy or sell precious metals, which Unit Price shall be confirmed either by email or verbally to Customers before any Contract for sale or purchase is completed;
"Website" means the website currently maintained by Tara Gold and Silver Limited at www.TaraCoins.com or such other website as Tara Gold and Silver Limited may from time to time maintain;
"Working Days" means a day (other than a Saturday, Sunday or public holiday) on which clearing banks are generally open for business in Ireland and Switzerland;
1.2 References to statutory provisions in these Conditions shall unless otherwise stated be references to statutes enacted in Ireland and shall be construed as references to those provisions as respectively amended or re-enacted (whether before or after the date hereof) from time to time and shall include any provisions of which they are re-enactments (whether with or without modification) and shall also include any subordinate legislation made from time to time under those provisions.
The Conditions shall:
(i) apply to and be incorporated into the Contract; and
(ii) prevail over any inconsistent terms and conditions contained or referred to in your purchase order, confirmation of order, acceptance of quotation, or specification or other document supplied by you or implied by trade, custom, practice or course of dealings.
3.1 You shall become a Customer of Tara Gold and Silver Limited by doing any or all of the following:
(i) registering for an account either by posting the required documentation for Anti Money Laundering (AML); or
(ii) placing an order on the phone confirmed by email or transferring the funds required to make a purchase of precious metals.
3.2 As of January 1st, 2023 (the "Effective Date") these are the Conditions for new Customers. In respect of existing Customers, these Conditions shall govern the business relationship with Tara Gold and Silver Limited in respect of any Contract entered into between the Customer and Tara Gold and Silver Limited on or after the date falling on the earlier of:
(i) the date on which these Conditions are deemed received by you in accordance with Condition 9; and
(ii) the date falling 30 days after the Effective Date.
3.3 We may from time to time modify the Conditions. Conditions as modified shall take effect as regards new Customers, on the date on which such persons become a Customer of Tara Gold and Silver Limited and as regards existing Customers, on or after the date (the "Relevant Date") falling on the earlier of:
(i) the date on which the modified Conditions are deemed received by the Customer in accordance with Condition 9; and
(ii) the date falling 30 days after the date stated as the Effective Date in the modified Conditions; in respect of any Contract entered into between the Customer and Tara Gold and Silver Limited on or after the Relevant Date.
You have chosen to become a Customer in order to benefit from Tara Gold and Silver Limited's terms for trading in and storing of precious metals. This service is provided as execution only. We do not give guidance on price performance. Any opinion or information given by Tara Gold and Silver Limited concerning any market dynamic including, but not limited to price, possible investment performance or trading conditions whether posted on the Website or otherwise disclosed to a Customer shall not be construed as advice in any respect and the Customer's attention is specifically drawn to Condition 5.
All financial markets are volatile and the value of all markets including precious metals may go down as well as up.
Accordingly, trading and speculating in precious metals is risky which may make them unsuitable for individuals with short term time horizons. By taking a long term view you lessen risk. You should carefully consider the suitability of buying precious metals if you might need your money for other purposes in the short term. If you are not sure of the safe haven benefits of owning precious metals for the long term, you should consider seeking independent professional advice before proceeding. Preferably from an adviser who has a good track record and understanding of the diversification benefits of owning physical bullion assets.
IMPORTANT NOTE: THE PRECIOUS METAL BULLION MARKETS IN IRELAND, SWITZERLAND AND INTERNATIONALLY, ARE UNREGULATED. THERE IS NO GUARANTEE, EXPLICIT OR IMPLIED, OF THE FUTURE VALUE OF ANY OF THE PRECIOUS METAL PRODUCTS THAT WE SELL.
All Customers are required to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended). Pursuant to this Act, we are obliged to carry out sufficient checks to verify the identity of our customers. In this regard, before placing orders, we will require certain identification. Please review Schedule 1.0 Identification of Customers.
Tara Gold and Silver Limited reserves the right to request additional identity verification information if it believes it necessary or appropriate to do so in order to comply with its obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).
You undertake to identify yourself according to the identity verification procedures required by Tara Gold and Silver Limited. You authorise Tara Gold and Silver Limited to make such enquiries as it may feel necessary to satisfy itself about the validity of your identity.
You accept that your failure to identify yourself promptly and correctly may negate some of the protections you seek from Tara Gold and Silver Limited. You hereby indemnify and keep indemnified Tara Gold and Silver Limited against losses which arise out of your failure to identify yourself promptly and correctly.
7.1 To provide the service Tara Gold and Silver Limited needs to record and process information about you and you permit Tara Gold and Silver Limited to do so. Tara Gold and Silver Limited does not disclose data about you to third parties except:
(i) in the ordinary administrative course of verifying identity and sources of bank funding and completing your Tara Gold and Silver Limited transaction(s);
(ii) where you specifically request us to use your data for the purposes of supplying other services; or
(iii) where required by law.
Tara Gold and Silver Limited will maintain the following contact details for you:
You accept a duty to keep your contact details held by Tara Gold and Silver Limited up to date and accurate, which you can do via the website or by contacting our office. Tara Gold and Silver Limited is entitled to rely on the accuracy of the contact details supplied.
You agree to notify Tara Gold and Silver Limited within 30 days of any changes to your contact details.
You accept that your failure to maintain your contact details correctly may negate some of the protections you seek from Tara Gold and Silver Limited. You hereby indemnify and keep indemnified Tara Gold and Silver Limited against losses which arise out of your failure to maintain your contact details correctly.
9.1 Your primary means of communication with Tara Gold and Silver Limited will be via email or telephone.
9.2 Email
Tara Gold and Silver Limited will, from time to time, send offline information to you by email including, but not limited to, acknowledgements of changes to your key account settings, order confirmations, execution advices, contracts and changes to these Conditions. Tara Gold and Silver Limited records all outward email transmissions.
It is your responsibility to ensure that any nuisance email filters in use by you or your email service providers are not configured to block email from Tara Gold and Silver Limited.
You understand and accept that Tara Gold and Silver Limited shall be deemed to have been duly given or transmitted an email to you when it places onto the public part of the Internet an email correctly addressed to your email contact address as notified to Tara Gold and Silver Limited.
You understand and accept that email is not encrypted and that it operates with a similar degree of privacy as physical post, in that a network engineer has the ability to see email and attachments if he chooses to open your mail. You accept and understand that easily comprehended open format feedback to a known and used address is appropriate for reporting your completed business to you, offline, and after the event.
9.3 Post
Tara Gold and Silver Limited may send information to you by post to your address as notified to Tara Gold and Silver Limited. Any information so posted shall be deemed to have been served or given 48 hours after posting and proof that an envelope containing such information was properly addressed prepaid and posted will be sufficient evidence that the information has been duly served or given.
9.4 Telephone
Tara Gold and Silver Limited may contact you by telephone on the telephone numbers advised to us for the purposes of confirming any orders for any Services and in particular to confirm the applicable Unit Price prior to concluding a sale or purchase of precious metals with you or on your behalf. Calls may be recorded for our monitoring and compliance procedures, and to avoid misunderstandings. By continuing the call, you consent to such recording. Such records will be our property and will be accepted by you as evidence of your orders or instructions. We may use the recordings and/or transcripts for any purpose which we deem desirable and the recording of any such telephone calls shall be admissible as proof of the matters discussed therein.
9.5 Website Usage
Access to and use of the Website for information purposes and to avail of any Services shall be subject to all usage terms and conditions, policies and procedures specified from time to time on the Website.
You acknowledge and agree that any payments, pre-payments or payment on account (collectively "Payments") made by you to Tara Gold and Silver Limited shall be lodged in a segregated client account known as Tara Gold and Silver Limited Client Funds Accounts maintained by us at our banks for the express purpose of pooling un-invested Customer monies (the "Client Account"). In the event of our bank paying interest to Tara Gold and Silver Limited for the sums held, there shall be no requirement for Tara Gold and Silver Limited to pass on such payment. Tara Gold and Silver Limited shall maintain separate client accounts for each Customer in respect of monies held in the said pooled bank accounts.
Tara Gold and Silver Limited shall be entitled to pass on any bank charges or costs to you including any charge or interest applied by the bank by reason of the funds being held by them.
Tara Gold and Silver Limited may withdraw monies held to the credit of the Client Account on behalf of a Customer for the following purposes:
(i) to pay for purchases of precious metals and/or any of the other Services ordered by the Customer;
(ii) to transfer monies belonging to the Customer to that Customer;
(iii) to pay Tara Gold and Silver Limited in respect of any fees, charges and commissions earned according to a Contract and these Conditions.
Tara Gold and Silver Limited shall not be obliged to accept any orders for transactions, pre-payments or monies on account insufficient to cover the value of the transaction. We only trade based on wire or electronic fund transfers (EFT) and fully cleared funds. We do not accept cheques, bank drafts, credit or debit card payments. If making pre-payments by electronic transfer, you understand that your bank will be expected to identify standard banking data on each incoming payment to our multi currency accounts including:
(i) your bank name;
(ii) your branch identifying code;
(iii) your account name;
(iv) your bank account number; and
(v) your Tara Gold and Silver Limited user name or quotation reference number (as the payment reference).
You accept that a failure by your bank to identify the source of your money may delay our account being credited or the funds in the Client Account being allocated and credited to your client account with Tara Gold and Silver Limited. In such circumstances, Tara Gold and Silver Limited may place your money in a suspense account until such time as the correct remittance details are established to Tara Gold and Silver Limited's satisfaction.
You understand that you may not merge funds belonging to different parties within a single Tara Gold and Silver Limited account. You understand that where deposits from differently owned sources merge, or appear to merge, Tara Gold and Silver Limited is entitled to return the funds to the source having deducted a reasonable processing fee.
You represent, confirm and warrant that you are the legal and beneficial owner of any monies transferred or paid to the Client Account and no other person has any right or entitlement thereto.
We do not accept banknotes or coins for credit to the Tara Gold and Silver Limited accounts.
Tara Gold and Silver Limited reserves the right to hold final delivery of any metals purchased by the Customer until a time when all outstanding balances owed by the Customer to Tara Gold and Silver Limited have been dispatched and settled.
The Customer unequivocally states and guarantees that any and all monies or assets used to make purchases and any and all proceeds or derived benefits from or as a result of any transaction entered into with Tara Gold and Silver Limited shall be compliant with international law, Irish and Swiss Law with regard to the financing of terrorist activities.
Unless stated otherwise all Unit Price quotations given by Tara Gold and Silver Limited for the purchase and sale of bullion are indicative only and subject to movement in accordance with the Metal Price of the precious metal concerned.
Where quotations will hold good for a specified period, this will be stated. However, in the event of a sudden or material change in the underlying Spot Metal Price between the time such quotation is given and the order is placed, we reserve the right to withdraw the quotation. In such circumstances a new Unit Price will be quoted, prior to accepting a Customer's order for a trade.
Quotations will include provision for any VAT that applies and for which Tara Gold and Silver Limited is required to account. In most cases, there should be no VAT chargeable as investment gold is exempt from VAT. However, in certain cases, it may be that because of the nature of the product, or the Customer's location, Tara Gold and Silver Limited has an obligation to account for VAT, which it is not aware of at the time of giving the quotation. In such cases, Tara Gold and Silver Limited reserves the right to revise its quoted price to include such VAT prior to accepting an order.
Tara Gold and Silver Limited shall not be responsible for any VAT or customs charges imposed on the Customer by the revenue authorities of that Customer's jurisdiction (other than Ireland). The Customer shall be responsible for and shall discharge all customs and excise charges and VAT payable by it on importation by the Customer of metal products into a jurisdiction other than Ireland.
Important Information Regarding the Storage of VAT Free Silver Coins
All silver (including Silver Coins) stored in Zurich is kept in bonded warehouses or vaults. This means that your silver is not stored in a specific location for taxation purposes and VAT has not been assessed. If you decide to move your assets VAT may become payable at the applicable rates set by the country the asset is exported to.
Please note, Tara Gold and Silver Limited is not a tax adviser; clients should seek the advice of their tax advisers before carrying out any transaction.
14.1 OTHER PURCHASES AND SALES:
FROM TIME TO TIME, PAYMENTS MAY BE DELAYED DUE TO INTERMEDIARY SYSTEM OUTAGES, LOST POST, FORCE MAJEURE.
Purchases of Physical Bullion
By telephone or email
Subject to the Customer having cleared funds in our client accounts sufficient to cover the cost of the transaction, Tara Gold and Silver Limited will seek verbal or written confirmation of the Customer's wish to proceed to execute the order and once received will execute your coin or physical bullion order at the price quoted for the coins or the Unit Price (as the case may be) at the next Tara Gold and Silver Limited Trading Opportunity.
Online Trading
Subject to the Customer having cleared funds in our client accounts sufficient to cover the cost of the transaction, a Customer may confirm a trade by phoning us during Business Hours.
Confirmation of acceptance shall be given by email within 24 hours of placement. A Customer's order will not be deemed completed or confirmed until an acceptance of the order and invoice has been sent by Tara Gold and Silver Limited to the Customer.
Sales of Physical Bullion (including investment grade coins and numismatic coins)
If you wish to sell physical bullion to Tara Gold and Silver Limited, please contact us by phone or email. Tara Gold and Silver Limited will indicate whether it is interested in principle in purchasing such physical bullion subject to quality and agreed price. In such circumstances, Tara Gold and Silver Limited will arrange on behalf of the Customer, at the Customer's cost and risk, for the physical bullion to be collected and shipped to a Tara Gold and Silver Limited approved depository for assay and/or authentication purposes unless said bullion has remained within the Tara Gold and Silver Limited Chain of Integrity with our storage providers.
Subject to such assay and/or authentication being acceptable to Tara Gold and Silver Limited (at its absolute discretion), Tara Gold and Silver Limited shall make the Customer an offer to purchase the physical bullion. A Customer may accept such offer by telephone or by email for at least 20 seconds after such offer is made, after which it shall be deemed withdrawn. In addition during such period, Tara Gold and Silver Limited reserves the right to withdraw such offer in the event that there is a market movement in the price of the underlying asset which in the sole opinion of Tara Gold and Silver Limited is significant, either in percentage terms or having regard to the size of the trade.
The Contract in respect of such purchase shall be formed as of and on the date on which the Customer accepts an offer which has not been withdrawn in accordance with this condition, provided that if the Customer purports to accept an offer (the "Original Offer") which has been deemed withdrawn, such acceptance shall constitute a new offer by the Customer to sell on the terms contained in the Original Offer which may be accepted by Tara Gold and Silver Limited issuing a confirmation of purchase in writing or by telephone, in which case the Contract shall be formed as of and on the date on which Tara Gold and Silver Limited issues such confirmation (the "Contract Date").
The Customer can expect to receive the proceeds of sale usually within four Working Days and up to a maximum of twelve Working Days of the Contract Date.
FROM TIME TO TIME PAYMENTS MAY BE DELAYED DUE TO PUBLIC HOLIDAYS, INTERMEDIARY SYSTEM OUTAGES, LOST POST, FORCE MAJEURE.
If you do not accept our offer to purchase, Tara Gold and Silver Limited shall arrange on behalf of the Customer and at the Customer's cost and risk to ship the coins back to the address from which they were collected. The cost of shipping to and from the depository and the assay and/or authentication costs of the depository shall in such circumstances be paid by the Customer. The risk in the coins from the time at which they are picked up and shipped to the depository, held at the depository and until sale to Tara Gold and Silver Limited or delivered back to the original location shall remain with the Customer and Tara Gold and Silver Limited shall not have any responsibility for any loss or damage to the goods unless same arises directly as a result of the wilful misconduct or gross negligence of Tara Gold and Silver Limited.
UNDER NO CIRCUMSTANCES WILL WE ACCEPT PHYSICAL BULLION DELIVERIES AT ANY OF OUR OFFICES.
Delivery Location and Timing
We or our Distributors will dispatch your order using one of our or their appointed carriers to the address specified during your purchase. Please note that if delivery is directed to a PO Box, redirected address, or multi-occupancy location, you assume full responsibility for any loss or damage.
Delays in delivery may occur due to factors beyond our control, including, but not limited to, stock availability issues, supply chain issues, adverse weather conditions, traffic disruptions, pandemics or mechanical failures. Any delivery dates we provide are estimates, and time will not be considered a critical element of the contract.
Delivery Confirmation and Responsibility
Once your package is signed for by anyone at the delivery address or marked as delivered by the courier, the delivery is considered completed. It is your responsibility to ensure that the delivery location is secure. Losses incurred after confirmation of delivery are your responsibility. This is particularly important if you reside in shared accommodation, apartments or request delivery to a workplace.
If the package shows signs of damage, tampering, or resealing, do not accept the delivery. Please ask the courier to return the goods to us. Tara Gold and Silver Limited cannot be held responsible for any loss if the package is accepted at the delivery address.
Completion of Delivery Obligations
Our delivery obligations are fulfilled when we have completed delivery in accordance with these terms or have been otherwise released from our responsibilities under these terms and conditions.
[This section number is reserved for future use.]
As the price of precious metals is dependent on pricing in the financial markets, which Tara Gold and Silver Limited cannot control, you do not have any right of cancellation in respect of orders placed and Contracts formed for the purchase of precious metals. However, where practicable, Tara Gold and Silver Limited will use reasonable endeavours to assist Customers to cancel orders, where such cancellation is sought prior to Tara Gold and Silver Limited fulfilling the order by purchasing bullion for resale to the Customer on the financial markets. Customers who wish to cancel any order for the purchase of bullion should contact Tara Gold and Silver Limited immediately by telephone to see whether it is possible for such orders to be cancelled.
18.1 Tara Gold and Silver Limited will store precious metals, bullion rounds, bars or coins (hereinafter referred to as metals) on the Customer's behalf subject to Schedule 2.0: Storage Policy and Procedures. Tara Gold and Silver Limited shall retain responsibility to you for record keeping and administration but shall sub-contract the physical storage of metals and coins to a custodian or provider of secure storage facilities (a "Storage Provider").
18.2 Tara Gold and Silver Limited will be deemed to take delivery of metals for the purposes of providing storage services at the following times and locations:
18.3 At Customer's written request, Tara Gold and Silver Limited will ship stored metals within seven (7) Working Days of Customer's request for delivery and payment of shipping charges and administrative charges as outlined in the schedule. This delivery period may be extended due to circumstances beyond Tara Gold and Silver Limited's control – such as delays due to the depository or shipper.
18.4 Storage fees
Storage fees shall be charged in accordance with the Storage Charges schedule, available on the Website.
18.5 Lien
Tara Gold and Silver Limited shall have a general lien on all metals it possesses or controls in respect of unpaid storage fees whether or not relating to goods over which the lien is exercised. Tara Gold and Silver Limited shall have the right and shall be authorised to sell the metals or any part thereof if, after a period of fourteen (14) Working Days' written notice of the exercise of its lien, payment in full has not by then been made. Such sale will be as agent of the Customer. Tara Gold and Silver Limited will apply the sale proceeds first to the sums due to it under this Condition and the costs of sale and will account to the Customer for the balance within fourteen (14) Working Days of receiving the sale proceeds.
18.6 Limitation of Liability
The Customer's attention is specifically drawn to this Condition. Tara Gold and Silver Limited shall exercise due skill, diligence and care in selecting and appointing any Storage Provider and shall ensure that the Storage Provider is a reputable storage provider with appropriate expertise in the business of managing the receipt, storage and re-delivery of precious metals according to best industry practice.
Tara Gold and Silver Limited shall not otherwise be liable for the acts of the Storage Provider unless the selection of such Storage Provider was made negligently or in bad faith. The Storage Provider's liability to Tara Gold and Silver Limited in respect of storage services may be limited under its terms and conditions and a copy of such terms and conditions will be given to a Customer on request.
Tara Gold and Silver Limited undertakes to ensure that your precious metals are insured against theft or damage according to accepted industry standards. A copy of the certificate of insurance or summary of coverage shall be provided to the Customer upon written request. The Customer acknowledges that such insurance will be subject to exclusions in line with insurance industry practice. Save as aforesaid, all metals are stored or otherwise dealt with at the sole risk and peril of the Customer.
18.7 Ownership
All precious metals and coins stored by Tara Gold and Silver Limited are held on bailment for the Customer and this means that they shall remain the absolute property of the Customer whilst in storage. Provided however that the Storage Provider will have a lien over all metals stored by Tara Gold and Silver Limited in respect of storage fees payable by Tara Gold and Silver Limited. Tara Gold and Silver Limited undertakes to pay all such storage fees promptly when due. In this regard, save as specified above, the insolvency of Tara Gold and Silver Limited or the Storage Provider would not affect your property rights in respect of metals or coins stored on your behalf, albeit that such circumstances could result in delay and inconvenience in retaking of custody of your property.
All Intellectual Property Rights used or embodied by Tara Gold and Silver Limited in or on its website, or in its documentation or in or concerned with the sale of precious metals or supply of services herein contained are and shall remain the sole property of Tara Gold and Silver Limited.
Tara Gold and Silver Limited shall have no liability to a Customer under these Conditions or under any Contract if it is prevented from, or delayed in performing, its obligations under the said Contract or these Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including (but without limitation) strikes, lock-outs or other industrial dispute (whether involving the workforce of Tara Gold and Silver Limited or any other party) or failure of a utility service or transport network, system failures, intermediary system outages, postal failure or losses (either of Tara Gold and Silver Limited or of any other party), act of God, war, riot, civil commotion, malicious damage, compliance with any law of Governmental order, rule, regulation or direction, accident, breakdown of equipment, plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
The Customer's attention is particularly drawn to this condition. This Condition sets out the entire financial liability of Tara Gold and Silver Limited (including any liability for the acts or omissions of its employees, agents, consultants and sub-contractors) to the Customer in respect of:
(a) any breach of a Contract;
(b) any failure to supply any service or fulfil any order hereunder;
(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with a Contract.
Nothing in these Conditions limits or excludes the liability of Tara Gold and Silver Limited:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by Tara Gold and Silver Limited;
(c) for any liability incurred by the Customer as a result of any breach by Tara Gold and Silver Limited of the condition as to title implied by Section 12 of the Sale of Goods Act, 1893 and the Sale of Goods and Supply of Services Act 1980.
All warranties, conditions and other terms implied by statute or common law and all non-contractual obligations, are to the fullest extent permitted by law excluded from these Conditions and any Contract.
Save as aforesaid, Tara Gold and Silver Limited shall under no circumstances be liable for loss of profits, loss of business, depletion of goodwill or other similar losses, or any other special, indirect consequential or pure economic loss, cost damages, charges or expenses or fall in the value of any precious metal or currency which arise out of, or in connection with, any Contract or these Conditions.
Without prejudice to any other provisions of this Agreement, Tara Gold and Silver Limited's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising or in connection with the performance of any contract or contemplated performances of any contract and/or these Conditions shall be limited to the value of the Customer's precious metal from time to time deposited with or by Tara Gold and Silver Limited together with the value of any cash balance held to the credit of the Client Account on behalf of such Customer.
22.1 If you have any complaints in relation to the service being provided by Tara Gold and Silver Limited, you should contact this office immediately. In particular, if you dispute, disagree with or have any issue with the content of any communication sent to you by email or by post in accordance with Condition 9 you must contact Tara Gold and Silver Limited immediately. Tara Gold and Silver Limited shall be entitled to assume your acceptance of the content of an email or postal communication if within three calendar days of the date of transmission to the correct email address or the date of service of such postal communication (as the case may be), no response from you has been received by Tara Gold and Silver Limited.
22.2 Tara Gold and Silver Limited shall use all reasonable endeavours to resolve any issues communicated to it by you, but you acknowledge that any delay in communicating such dispute, disagreement or issue may prevent or reduce the value of any resolution of such matter.
By placing an order with us in respect of any of the Services and entering into a Contract in respect of any of the Services, you warrant, undertake and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are and shall comply with the laws of the territory from which you make any order or access the Tara Gold and Silver Limited website (including without limitation the laws of Ireland);
(d) you shall at all times be solely responsible for obtaining any authorisation required by any authoritative body in the territory in which you are based.
We reserve the right at our discretion to refuse orders from any person whom we believe may be prevented under the laws of any jurisdiction from transacting for the Services or whom we believe that Tara Gold and Silver Limited may not supply under the law of that jurisdiction, whether or not such law or impediment actually exists or might be enforceable or otherwise have extra-territorial effect.
24.1 Dispute Resolution
In the event of any dispute arising out of or in connection with these Conditions or any Contract, the parties shall first attempt to resolve the dispute through good faith negotiation for a period of not less than 30 days. If the dispute cannot be resolved through negotiation, either party may refer the dispute to mediation administered by the Centre for Effective Dispute Resolution (CEDR) or such other mediation provider as the parties may agree. The parties agree to participate in such mediation in good faith before commencing any court proceedings (other than proceedings for urgent injunctive relief).
24.2 Governing Law and Jurisdiction
Subject to Condition 24.1, these Conditions (including all schedules and appendices hereto) and any Contract between Tara Gold and Silver Limited and a Customer and any dispute or claim arising out of or in connection with it or its subject matter or information (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland and the parties irrevocably agree that the Courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or any Contract or its subject matter or information (including non-contractual disputes or claims).
25.1 General
All fees and charges applicable to the Services are set out in the Schedule of Charges available on the Website. Tara Gold and Silver Limited reserves the right to amend its fees and charges from time to time upon not less than 30 days' written notice to the Customer.
25.2 Late Payment Charge
Tara Gold and Silver Limited reserves the right to apply a late payment charge as tabled below on all negative accounts until such time as the outstanding balance has been settled. Such late payment charges represent a genuine pre-estimate of the administrative costs incurred by Tara Gold and Silver Limited in managing overdue accounts and are not intended as a penalty.
Furthermore, Tara Gold and Silver Limited reserves the right where necessary to send outstanding amounts to a collection agent for processing.
Prior to entering the initial late payment charge cycle Tara Gold and Silver Limited will make a reasonable attempt, as determined by Tara Gold and Silver Limited, to notify clients of their outstanding balance and any late payment charges.
Late Payment Fee Table
| Charge | 5% per month |
| Accrued | On a monthly basis |
| Chargeable | On the first day of each calendar quarter |
25.3 Dormant Accounts
Where a client has not transacted (buying or selling metal, or being charged storage fees) with Tara Gold and Silver Limited for a period of one year, Tara Gold and Silver Limited will deem the account to be dormant.
Where a client's dormant account has a positive cash balance, Tara Gold and Silver Limited reserves the right to apply an account management fee to the account as per the account management fee table.
Where a client's dormant account has a negative cash balance, Tara Gold and Silver Limited reserves the right to apply a late payment fee to that account as per the late payment fee table.
Where a client's dormant account has a zero cash balance neither the account management fee nor late payment charge will be applicable.
Where a client makes a genuine attempt to resolve their account balances, Tara Gold and Silver Limited reserves the right to waive any or all fees at its own discretion.
Account Management Fee Table
| Charge | $6.50/€5/£3.50 per month * |
| Accrued | On a monthly basis |
| Chargeable | On the first day of each calendar quarter |
Prior to entering the account management fee cycle Tara Gold and Silver Limited will make a reasonable attempt to contact the client. After the initial communication from Tara Gold and Silver Limited the client will have 28 days to respond to Tara Gold and Silver Limited and furnish instructions to have any account balances remitted to them. Such remittances will, as with any payments, be subject to payment processing fees.
* Where the positive balance of a dormant account is less than the chargeable account management fee, the fee charged will be equal to the available cash balance on the account. As a result the account's cash balance will become zero and no further management fees will be applied.
Tara Gold and Silver Limited shall retain Customer personal data and transaction records for a minimum period of six years from the date of the last transaction or the termination of the business relationship, whichever is later, in accordance with applicable AML legislation and tax requirements. For further information on data retention, please refer to our Privacy Policy available on the Website.
(a) No failure to exercise and no delay in exercising any right power or remedy under these Conditions shall operate as a waiver, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
(b) The rights, powers and remedies provided to us under these Conditions are cumulative and are not exclusive of any rights, powers or remedies provided by law.
Tara Gold and Silver Limited acknowledges its role and responsibilities as a data controller, including the duty to protect the personal information it manages. These responsibilities are defined under the General Data Protection Regulation (GDPR) as well as relevant Irish laws.
Individuals whose personal information is processed by Tara Gold and Silver Limited have the right to request and obtain confirmation on whether their data is being processed. In such cases, individuals are entitled to access their personal data and receive detailed information about:
Request Submission
Subject access requests must be submitted in writing, including enough details to adequately identify the individual making the request, ensuring data is not disclosed to impostors. Once the request meets our criteria, we will begin the process of gathering the requested information. We aim to respond promptly, and if we cannot fulfill the request within one month, we will provide a progress update.
Response Format
Responses to subject access requests will be provided electronically unless otherwise requested. A complete copy of the response will be retained by Tara Gold and Silver Limited for reference and dispute resolution, kept for seven years.
1. General Policy
In accordance with applicable Anti-Money Laundering ("AML") and Know Your Customer ("KYC") regulations in the jurisdictions in which Tara Gold and Silver Limited conducts business, including without limitation the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended), Tara Gold and Silver Limited is required to obtain satisfactory identification and verification documentation from clients prior to establishing a business relationship or conducting transactions.
Tara Gold and Silver Limited reserves the right, at its sole discretion, to request further documentation at any time to verify the identity of any individual associated with an account. This includes, but is not limited to, the account holder(s), authorised signatories, beneficial owners (holding 25% or more of ownership or control), trustees, and other individuals exercising control or influence over the account.
For clients opening accounts for delivery only, with an initial investment below USD$7,000 or the equivalent in local currency, identification documentation may not be required at the time of registration.
2. Basic Identity Requirements
For each natural person associated with an account, the following documentation must be provided:
2.1 Proof of Identity (One of the following):
2.2 Proof of Residential Address (One of the following, dated within the last six (6) months):
Important Notes:
3. Additional Documentation
Tara Gold and Silver Limited may request additional documentation at its discretion where the initial documents provided are insufficient or inconsistent, or where required to comply with enhanced due diligence obligations. Such documentation may include, but is not limited to, additional proof of address or identity and documentary evidence of source of funds or wealth. Further documentation is also required to set up corporate, trust, or pension/IRA accounts. Tara Gold and Silver Limited also reserves the right to rely on previously verified documentation submitted in relation to another Tara Gold and Silver Limited account, where appropriate, but may require updated or supplementary documents.
4. Certification and Translation Requirements
Where required, documents must be certified as true copies of the original by a suitably regulated professional. Acceptable certifiers include:
Documents not originally issued in English may require a certified English translation. Tara Gold and Silver Limited reserves the right to request the identity and professional standing of the certifier, and to reject documents that do not meet verification standards.
5. Data Protection
Tara Gold and Silver Limited processes personal data in accordance with applicable data protection legislation, including, where applicable, the General Data Protection Regulation (EU Regulation 2016/679) ("GDPR").
All documents submitted for identification purposes will be stored securely and processed only for the purpose of client identification, regulatory compliance, and fraud prevention. Clients have rights under the GDPR, including the right to access their personal data. Tara Gold and Silver Limited's Privacy Policy and Subject Access Request Policy can be found in the 'Privacy Policy' section of our Terms & Conditions.
6. Documentation Requirements by Account Type
The following outlines the standard documentation requirements based on the type of account being established. Tara Gold and Silver Limited reserves the right to request additional or alternative documentation at its discretion.
6.A. Company Account:
6.B. Trust Accounts:
Receipt of Metals
The contract for storage shall begin from the first date that a Customer's metal is received at any of the storage facilities that are used by Tara Gold and Silver Limited. The contract for storage shall cease from the date that a Customer's metal leaves any of the storage facilities used by Tara Gold and Silver Limited not bound for another storage facility used by Tara Gold and Silver Limited.
Unique Storage Account Numbers and Passwords
Tara Gold and Silver Limited will issue each Customer availing of storage services with a unique storage account number.
Transferring of Metal Positions
Upon request Tara Gold and Silver Limited will arrange for the transfer or delivery of Customer's metal. A signed transfer request form is required to be completed prior to any transfer or delivery being entertained. Upon verification of identity Tara Gold and Silver Limited will make the necessary arrangements and advise the Customer of the charges incurred. No transfer or delivery will be effected until all outstanding storage charges and delivery charges have been paid.
Charges and Payment of Fees
Annual Storage Charge will be agreed in advance with the Customer. Fees will be charged in arrears. Fees will be calculated on the basis of the average daily stored ounces multiplied by the average daily gold price for the period as determined by the morning LBMA Gold price published by the LBMA multiplied by the daily storage rate.
End of Terms and Conditions
Version: January 2026
Harcourt Centre, Block 4 Harcourt Rd, Saint Kevin's, Dublin, D02 HW77
UK & IRELAND
(IST - Irish Standard Time)
*Please note: We do not sell to retail clients and only sell to wholesale distributors.
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2026 Tara Gold and Silver Limited trading as Tara Coins, registered in Ireland. Company number 679881, VAT no. IE3950811SH.
