PXL OÜ is a web agency that offers a search tool for users who wants to sell/buy silver/gold coins and/or bullions as well as offers users information about companies that are interested to finalise the transaction. The activity is carried out by means of three websites (hereinafter “PXL Websites”):
1. Services and Contract
1.1. On the PXL websites you can know the price of silver/gold coins and/or bullions.
1.2. In addition, users have the possibility to order silver/gold coins and/or bullions from company specialised in the trade of such products. Precisely, when a user wants to buy/sell such products, PXL OÜ will take the order, contact these companies (the choice of what companies to contact depends on the geographical area where each seller/buyer is located) and organise the appointment for them. As a result, PXL OÜ is not the direct contractual party of the user, but only an agent providing the connection to seller/buyer company, In fact, any sale and purchase of such products is autonomously finalised between the user and such companies in their registered office in compliance with the provisions established by the relevant law. By finalising a sale/purchase with such companies, a user agrees to be bound by the terms and conditions of the latter. These terms and conditions can be known at the moment of the finalisation of the transaction directly with the seller/buyer company. Once a transaction is finalised with the seller/buyer company, a contract is concluded between the user and the seller/buyer company and, therefore, no contract is concluded between the user and PXL OÜ. PXL OÜ, in fact, is no contractual party to the seller/buyer transaction and all and any claims of the user under the said transaction are to be asserted against the third party (the seller/buyer company) and not against PL OÜ.
1.3. The sales/purchases prices shown on PXL website are not to be interpreted as mandatory contractual obligations, but rather as a proposal from the seller/buyer company.
1.4. This agreement is not affected by any other agreements between the users and seller/buyer company.
2.1. Users are solely responsible for the payment of any taxes or any other similar fiscal obligations for which users may be liable in any jurisdiction of residency with respect to the sale or purchase of silver/gold coins and/or bullions. Such taxes may be added to the selling price if necessary.
2.2. Users declare and warrant that they have taken tax and legal advice in all relevant jurisdictions with regard to the purchase/selling of silver/gold coins and/or bullions.
Due to the unpredictable nature of silver/gold markets the purchase or sale of products of silver/gold coins and/or bullions comprises a high degree of risk and might not be suitable for everyone. Users declare that they have read and understood these terms and conditions and are aware of the nature and extent of their rights and risks when selling/buying such products.
4. Limits of liability and force majeure
4.1. The role of PXL OÜ is limited to that of executing the instructions received from users. PXL OÜ do not advise users on the purchase or sale of silver or gold and users are encouraged to seek proper advice from licensed financial advisors.
4.2. PXL OÜ does not have the competence to and cannot guarantee that users will realise any capital gain upon the eventual resale of the silver/gold coins and/or bullions purchased.
4.3. PXL OÜ may in no way be liable in case of telecommunication means failure, whether the failure be due to the server hosting PXL Websites, or any other website, non-receipt of emails, photocopies or letters sent by users.
4.4. All data accessible from PXL Websites is posted for indication purposes and is not to be taken as a substitute for the information issued by official bodies.
4.5. PXL OÜ assumes no liability for delays or failures in the performance of its obligations if such delay or failure is due to unforeseen events beyond its control and which are deemed to constitute force majeure. Such causes that might terminate or suspend the obligations of PXL OÜ for reasons due to force majeure, include inter alia, Acts of God, floods, lightning, fire, earthquakes, labour disputes, shortages, rationing, energy failure, war, terrorism, riots, embargoes, governmental actions, accidents affecting the companies to which PXL OÜ assign the finalisation of the seller/buyer transaction with users, total or partial stoppage of supply, failure of the carrier, insurrections, energy suspensions, machinery breakdown, total or partial strike, administrative decisions, epidemics, explosions, third party actions, and any external event that is likely to delay, prevent or make prohibitively expensive the implementation of PXL OÜ’s commitments and obligations.
4.6. The occurrence of an event constituting force majeure shall be immediately notified to users.
5. User Obligations
5.1. Users guarantee not to use the PXL OÜ services to create content that:
a) is advertising disguised as reviews,
b) does not have specific content for a reviewed item,
c) is not objective or intentionally untrue,
d) immoral, pornographic or in any other way offensive,
e) infringes upon the rights of third parties, in particular copyright,
f) violates applicable laws in any way or constitutes a criminal offense,
g) contains viruses or other computer programmes that may damage software or hardware or that may affect the use of computers,
h) is a survey or chain letter,
i) is aimed at collecting or using personal data from other users, especially for commercial purposes.
5.2. Users guarantee not to use programmes or functions to generate automated page impressions or content on PXL OÜ.
5.3. If there is a breach in the terms and conditions, PXL OÜ reserves the right to permanently ban the faulting user from PXL OÜ. The right to prosecution of criminal acts remains unaffected.
6. Confidentiality and the fight against money laundering
6.1. Users shall abstain from making any operation, through the intermediary of PXL OÜ that could be construed as money laundering and declares that the remittance of all and any funds which have been or which at any time in the future may be remitted for the account of PXL OÜ does not and will not constitute a money laundering offence as defined in the Money Laundering and Terrorist Financing Prevention Act passed on October 26 2017 (https://www.riigiteataja.ee/en/eli/ee/517112017003/consolide/current) and the Anti money laundering, counter terrorism financing and enforcement of financial sanctions policy and guidelines issued by Estonian Banking Association on March 19 2019 (https://www.pangaliit.ee/files/AML%20CTF%20guidlines%20EBA%2019.03.2019.pdf) and that the funds are not of illicit origin or otherwise derived from any criminal activity.
6.2. Users hereby guarantee that the funds used for the transaction have been duly declared to the fiscal authorities of their country of residence and/or citizenship.
6.3. Users will not be permitted to purchase precious metals using a bank transfer from a third-party account.
6.4. For this purpose, any User who wishes to buy precious metals must provide a copy of his passport and a proof of address
6.5. PXL OÜ undertakes to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its and its partner’s directors, officers, employees and agents, including accountants, legal counsel and other advisors (it being understood that the persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential); (b) to the extent requested by any regulatory authority; (c) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process; (d) in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to these terms and conditions or the enforcement of rights hereunder; (e) subject to an agreement containing provisions substantially the same as those of this Section; (f) with the consent of the user or (g) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to PXL OÜ on a non-confidential basis from a source other than the user. For the purposes of this Section, “Information” means all information received from the user relating to the transaction or its business, other than any such information that is available to PXL OÜ on a non-confidential basis prior to disclosure by the user, provided that, in the case of information received from the user after the date hereof, such information is clearly identified at the time of delivery as confidential. Any person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such person has exercised the same degree of care to maintain the confidentiality of such Information as such person would accord to its own confidential information.
PXL OÜ reserves the right to terminate a user’s access to PXL services after receipt of relevant information via email about improper use of the website. The right to immediate termination for good cause remains unaffected.
8. Privacy, Email Advertisements
8.2. PXL OÜ collects, processes and uses your personal data (hereafter “data”) only if we have obtained your consent or a statutory provision allows for the collection, processing or use of your data.
8.3. PXL OÜ will only raise, process and use data necessary for the provision of the services rendered by PXL OÜ, for the use and operation of the websites / apps and the services offered.
8.4. If the user has agreed to receive information about PXL OÜ using PXL OÜ’s services, the user will receive periodic product information. The consent may be revoked at any time by written communication or by email. The consent to receive e-mails follows after the confirmation e-mail from PXL OÜ is sent. By clicking on the link in the email, you will be registered to receive newsletters.
9.1. PXL OÜ is the owner of all right, title, and interest in and to each of the copyrights to the PXL Websites, free and clear of all Liens and other adverse claims. All the Copyrights are currently in compliance with formal requirements, are valid and enforceable, and are not subject to any maintenance fees or taxes or actions. No Copyright is infringed or, to the PXL OÜ’s knowledge, has been challenged or threatened in any way. To PXL OÜ’s knowledge, none of the subject matter of any of the copyrights infringes or is alleged to infringe any copyright of any third party or is a derivative work based on the work of a third party. All works encompassed by the copyrights have been marked with the proper copyright notice.
9.2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
a) users may print or download to a local hard disk extracts for your personal and non-commercial use only;
b) users may copy the content to individual third parties for their personal use, but only if users acknowledge the website as the source of the material
c) users may not, except with PXL OÜ’s express written permission, distribute or commercially exploit the content. Nor may users transmit it or store it in any other website or other form of electronic retrieval system.
10. Changes to the Terms and Conditions
10.1. PXL OÜ reserves the right to modify these terms and conditions at any time without notice, the changes of which shall become immediately applicable to all our services that are directly or indirectly provided (i.e., via third parties) via the internet, on mobile devices, by email or by telephone as soon as they are posted on PXL Websites.
11. Applicable Law and Place of Jurisdiction
11.1. These term and conditions and the legal relations resulting from their acceptance shall in all respects be governed by and interpreted in accordance with the laws of the Republic of Estonia.
11.2. Any dispute, controversy or claim arising out of or relating to these term and conditions, or the breach, termination or invalidity thereof, shall be settled exclusively before the Court of Tallinn.
Last update July 2019