Phoenix Refining – Terms and Conditions for the Purchase of Silver

1. Acceptance of These Terms

By submitting precious metals to Phoenix Refining (“we”, “our”, “us”), you agree to be bound by these Terms and Conditions.

2. Ownership

You confirm that:

  • You are at least 18 years of age.
  • You are the lawful owner of the materials submitted.
  • The items are free from any third-party claims or interests.
  • The items have not been stolen or obtained unlawfully.
  • You have full authority to sell the materials to Phoenix Refining.

We reserve the right to request proof of identity and/or proof of ownership where required.

3. Website Prices and Online Calculators

Any prices, quotations, calculators, estimates or indicative offers shown on the Phoenix Refining website are provided for guidance only.

These values are based upon the information supplied by the customer and current market conditions and do not constitute a legally binding offer.

No contract shall exist until Phoenix Refining has received, tested and valued the materials and a final offer has been made and accepted.

Phoenix Refining reserves the right to amend, withdraw or refuse any indicative valuation in the event of:

  • Incorrect weights or purity information being supplied.
  • Significant movements in precious metal prices.
  • Errors in pricing, website calculations or technical faults.
  • Discovery of contamination, plating, counterfeit items or non-precious materials.
  • Any exceptional or unforeseen market conditions.

4. Testing and Assay

All materials received may be weighed, tested, assayed, XRF analysed, chemically tested or otherwise examined to determine their precious metal content.

Final settlement shall be based solely upon the weight and purity determined by Phoenix Refining.

The purity stated by the customer is not binding upon Phoenix Refining.

5. Final Offer

Following testing, Phoenix Refining will make a final offer based on:

  • Actual precious metal content.
  • Market prices prevailing at the time of valuation.
  • Any refining losses, contaminants or non-precious components.

Customers are under no obligation to accept our offer.

Phoenix Refining reserves the right to refuse to purchase any material at its absolute discretion.

6. Right to Refuse or Cancel Transactions

Phoenix Refining reserves the right to:

  • Refuse any transaction.
  • Cancel any proposed purchase.
  • Decline to make an offer.
  • Return materials to the sender.
  • Delay payment pending verification or further testing.

We may refuse transactions where:

  • Ownership is uncertain.
  • Identification requirements are not met.
  • Materials are contaminated or unsafe.
  • The contents differ materially from the description provided.
  • Fraud or unlawful activity is suspected.
  • Market conditions make completion of the transaction impractical or commercially unreasonable.

7. Exceptional Circumstances

In rare or exceptional circumstances, including but not limited to:

  • Website errors.
  • System failures.
  • Data corruption.
  • Force majeure events.
  • Significant volatility in precious metal markets.
  • Human error or obvious pricing mistakes.

Phoenix Refining reserves the right to withdraw, amend or cancel any quotation or offer before payment has been made.

Website valuations and automated calculations are not binding and shall not create any contractual obligation on Phoenix Refining.

8. Payment

Where an offer is accepted, payment will be made by bank transfer unless otherwise agreed.

Ownership of the materials shall transfer to Phoenix Refining only once payment has been made.

9. Limitation of Liability

Phoenix Refining shall not be liable for:

  • Losses resulting from fluctuations in precious metal prices.
  • Loss of profits or consequential losses.
  • Delays caused by events beyond our reasonable control.
  • Any discrepancy between estimated website values and final assay values.

Our total liability shall not exceed the amount actually paid for the materials concerned.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Amendments

Phoenix Refining reserves the right to amend these Terms and Conditions at any time. The version in force at the date of the transaction shall apply.

Shipping, Delivery and Insurance

12. Shipping, Delivery and Insurance

Customers sending precious metals to Phoenix Refining do so entirely at their own risk until such time as the materials have been physically received and acknowledged by Phoenix Refining.

Customers are responsible for ensuring that:

  • All items are securely packaged to prevent damage, loss or tampering during transit.
  • Suitable insurance is arranged to cover the full replacement value of the contents.
  • A tracked and signed-for delivery service is used. Phoenix Refining strongly recommends the use of Royal Mail Special Delivery or an equivalent insured courier service.

Phoenix Refining shall not be liable for any loss, theft, damage or delay occurring whilst items are in transit to our premises. Responsibility for the materials remains with the sender until receipt has been confirmed by Phoenix Refining.

Customers are advised to retain proof of posting, tracking numbers and insurance documentation until the transaction has been completed.

Phoenix Refining reserves the right to refuse delivery of any package which appears damaged, tampered with, inadequately packaged or unsafe.

Hand Delivery and Collection

Materials may be delivered to Phoenix Refining in person by prior arrangement only. Customers must not attend our premises without an appointment.

Phoenix Refining may, at its sole discretion, offer a collection service or arrange for materials to be collected. Any such collection must be agreed in advance and may be subject to additional terms.

Where materials are collected by Phoenix Refining or its agents, risk in the materials shall remain with the customer until physical receipt by Phoenix Refining has been confirmed.

Return of Materials

If a customer declines Phoenix Refining’s final offer, or Phoenix Refining elects not to proceed with the transaction, the materials may be returned to the customer at the customer’s cost and risk.

Phoenix Refining will take reasonable care when packaging returned items but accepts no liability for any loss, damage or delay once the items have been handed to the postal service or courier.

Customers may request enhanced insurance or special delivery services for returned items, with any additional costs payable by the customer.

Anti-Money Laundering and Identity Verification

13. Anti-Money Laundering and Identity Verification

Phoenix Refining is committed to preventing fraud, money laundering and the handling of stolen or unlawfully obtained property.

We reserve the right, at our sole discretion, to request such information and documentation as we deem necessary to verify:

  • The identity of the customer;
  • Ownership of the materials submitted;
  • The provenance and source of the materials;
  • The legitimacy of the transaction.

Such documentation may include, but is not limited to:

  • Valid photographic identification;
  • Proof of address;
  • Evidence of purchase or ownership;
  • Bank account verification;
  • Any additional information reasonably required to satisfy legal or regulatory obligations.

Phoenix Refining reserves the right to:

  • Delay or withhold payment pending satisfactory verification;
  • Refuse to purchase any materials;
  • Cancel or terminate any transaction without liability;
  • Return materials to the customer, subject to applicable return costs;
  • Decline to make an offer;
  • Report suspicious activity to the relevant authorities where required by law.

Where Phoenix Refining has reasonable grounds to suspect that materials are stolen, unlawfully obtained, counterfeit, misrepresented, connected with criminal activity, or where satisfactory proof of ownership cannot be provided, we reserve the right to retain information relating to the transaction and to cooperate fully with law enforcement agencies and other relevant authorities.

Phoenix Refining shall not be liable for any loss, delay or expense incurred by the customer as a result of identity verification procedures, anti-money laundering checks, fraud prevention measures or any investigation undertaken in accordance with our legal obligations.

Nothing in these Terms and Conditions shall oblige Phoenix Refining to proceed with any transaction, and we reserve the absolute right to refuse, suspend or cancel any transaction at any stage prior to payment being made.

Website Information, Entire Agreement and Formation of Contract

14. Website Information, Entire Agreement and Formation of Contract

The information contained on the Phoenix Refining website, including but not limited to prices, quotations, calculators, examples, illustrations, market data, estimated values and descriptions, is provided for general guidance only and does not constitute a legally binding offer capable of acceptance.

Any indicative valuation, quotation or estimate provided by Phoenix Refining, whether by telephone, email, social media, messaging applications or through the website, is subject to verification of the materials received and shall not create any contractual obligation on Phoenix Refining.

No contract for the purchase of precious metals shall come into existence until:

  1. Phoenix Refining has physically received the materials;
  2. The materials have been weighed, tested and assessed by Phoenix Refining;
  3. A final purchase offer has been made by Phoenix Refining; and
  4. That final offer has been accepted by the customer.

Phoenix Refining reserves the absolute right, at its sole discretion, to:

  • Amend, revise or withdraw any estimate or quotation;
  • Refuse to make an offer;
  • Decline to proceed with any transaction;
  • Cancel or terminate any proposed transaction prior to payment being made;
  • Correct any pricing, clerical, computational or technical errors;
  • Refuse any transaction where market conditions, exceptional circumstances or unforeseen events make completion of the transaction impractical or commercially unreasonable.

Any obvious or manifest error in pricing, valuation, calculation or description shall not be binding on Phoenix Refining and may be corrected at any time before payment has been made.

These Terms and Conditions constitute the entire agreement between Phoenix Refining and the customer and supersede any prior representations, discussions, correspondence, quotations or understandings, whether written or oral.

No statement, representation or warranty made by Phoenix Refining or any of its representatives shall be deemed to form part of any contract unless expressly confirmed in writing.

Failure by Phoenix Refining to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.

If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Customer Cancellations and Cooling-Off Rights

Customers may withdraw from a proposed transaction at any time before accepting Phoenix Refining’s final offer.

As the value of precious metals is dependent upon fluctuations in financial markets which are outside the control of Phoenix Refining, transactions involving precious metals may be exempt from statutory cooling-off rights under applicable consumer legislation.

Where a customer declines Phoenix Refining’s final offer, the materials may be returned to the customer at the customer’s expense and risk. Return postage, insurance and any associated costs shall be payable by the customer unless otherwise agreed in writing.

Phoenix Refining reserves the right to deduct any reasonable costs incurred in connection with testing, assay, handling, storage, return shipping or insurance from any monies due to the customer or to require payment of such costs before returning materials.

Customers may cancel a transaction at any stage before payment has been made, however once payment has been made and ownership of the materials has passed to Phoenix Refining, the transaction shall be final and irreversible.

16. Privacy and Data Protection

Phoenix Refining is committed to protecting the privacy and security of customer information.

Personal information supplied by customers may be collected, processed and stored for the purposes of:

  • Processing transactions;
  • Identity verification and fraud prevention;
  • Compliance with legal and regulatory obligations;
  • Customer communication and record keeping;
  • Internal administration and business purposes.

Phoenix Refining will process personal data in accordance with applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Customer information may be shared with banks, insurers, delivery companies, identity verification providers, law enforcement agencies and regulatory bodies where necessary to fulfil legal obligations or prevent fraud.

Phoenix Refining will take reasonable steps to protect personal information but cannot guarantee the security of information transmitted electronically.

Customers have the right to request access to their personal information and to request correction or deletion of inaccurate data, subject to legal and regulatory requirements.

Further information is available in our Privacy Policy.

17. Complaints Procedure

Phoenix Refining aims to provide a professional and fair service to all customers.

If you are dissatisfied with any aspect of our service, please contact us in the first instance by email or telephone so that we may attempt to resolve the matter promptly and fairly.

Complaints should include:

  • Your name and contact details;
  • Details of the transaction;
  • A description of the complaint and any supporting evidence.

Phoenix Refining will endeavour to acknowledge complaints within five business days and to investigate and respond within a reasonable period.

Nothing in these Terms and Conditions affects your statutory rights.

18. Force Majeure

Phoenix Refining shall not be liable for any failure or delay in performing its obligations where such failure or delay arises from events beyond its reasonable control, including but not limited to:

  • Acts of God;
  • Fire, flood or natural disaster;
  • War, terrorism or civil unrest;
  • Industrial disputes;
  • Postal or courier delays;
  • Power failures or system outages;
  • Market disruptions;
  • Government restrictions or changes in law;
  • Pandemic or public health emergencies.

Phoenix Refining reserves the right to suspend, delay or cancel transactions affected by such events without liability.

19. Storage of Materials

Phoenix Refining reserves the right to charge reasonable storage fees where materials remain uncollected or where customers fail to respond to communications regarding an offer or return of materials.

Where a customer has not accepted an offer or arranged return of their materials within 90 days of notification, Phoenix Refining reserves the right to dispose of or realise the materials in order to recover any reasonable costs incurred, subject to applicable law.

20. Electronic Communications

Customers agree that communications made by email, telephone, text message or other electronic means shall constitute valid communications between Phoenix Refining and the customer.

Phoenix Refining shall not be liable for delays or failures in communication caused by circumstances outside its reasonable control.

21. No Waiver

Failure by Phoenix Refining to enforce any provision of these Terms and Conditions shall not constitute a waiver of any right or remedy and shall not prevent Phoenix Refining from enforcing such rights in the future.

22. Severability

If any provision of these Terms and Conditions is held by a court or other competent authority to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

23. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.