- Anam Cara NV d.b.a. Gold-2-Cash (hereinafter referred to in short as “company”) grants cash loan against pawns of items according to the clauses of respectively applicable version and these terms and conditions.
Protecting business secrecy, providing identification
- (1) The company shall protect the interests of the pawner. The employees and experts of the company shall maintain strictest secrecy regarding the person of the pawner and the data disclosed by him. (2) The pawner should be asked to provide identification, if he offers items for pledging, in which there are justified objections regarding the legality of the property or the authorization of the decree. In case of suspicion of a culpable action, the authority should be informed as quickly as possible.
Pledging/pawning by minors
- Pledges may not be accepted by persons less than 18 years of age, even if they are trading only as envoys.
Issuing of pledges/pawns accepted in good faith
- (1) If items are pawned without knowledge and wish of the owner and were accepted by the company in good faith, the company shall issue such pawns only in the framework of the legal clauses. (2) When issuing illegally pawned items the company can charge partial or complete compensation in cases worthy of consideration.
Acceptance and rejection of pledges/pawns
- Items of all types, with exception of the items stated in § 6, are accepted as pawns. (2) Apart from that the company can reject each feoff application without stating the reasons.
Forbidden pawn loans
- Following are excluded from being accepted as pawn: a) Items, whose feoff is inadmissible on account of legal clauses. b). Items, which were sold or lent against proprietary reservation and are marked according to an agreement signed with the company, unless the approval of the owner is proven. c) Objects, which rouse suspicion according to the circumstances of the case, that they are stolen, embezzled or smuggled and all objects announced as alienated by means of official communications; d). Objects, against whose acceptance there are suspicions for sanitary or other reasons, such as e.g. explosive, corroded, easily flammable, infectious, hazardous or radioactive substances, gases, poisons and the likes.
- The amount of the loan for the items accepted for the feoff is determined by the company. (2) Because of loan agreement, the company of third party cannot be made liable for a specific value of the pawn/pawn object. The pawner is free to claim a corresponding loan lesser than that of the pawn value, unless it is below a minimum amount agreed by the company.
Loan register of the pawn
- (1). Each feoff should be recorded in the loan register of the pawn. (2). The loan register of the pawn must contain following details for each business case: The date of the feoff; the current pawn number; in case of conversions, the preceding pawn number; the description of the pawn; the amount of the loan; the amount of possible extra costs or loan repayments; the date of the release (3). The loan register of the pawn can also be kept in the form of loose sheets, which are bound later, or in file form. (4). Entries in the loan register of the pawn must be legible and long lasting. The loan register of the pawn should be kept in a safe place.
- A pawn certificate should be issued to the pawner, for each feoff, which is the pawn loan contract at the same time in this case. The data of the contract must correspond to the entry in the loan register of the pawn. In any case the contract must include: 1. Company and address of the feoff office; 2. the current pawn number; 3. the feoff and expiry day (term); 4. the description of the pawn; 5. the loan amount; 6. the information on these terms and conditions, especially on the clauses about the whereabouts of expired pawns and on the clauses for determining the amount of the interests and additional charges; 7. the information on the prohibition of the professional purchase and the professional feoff of pawn certificates; 8. The stated name and domicile of the pledger; 9. The signatures of the pawner. After signing the pawn loan contract, the pawner shall take all necessary steps in order to transfer the item to the company. After successful transfer, the pawn loan is paid out to the pawner. The item is released against payment of the pawn loan and the charges agreed respectively. After receiving the payment, the company shall take all necessary steps in order to transfer the item back to the pawner. § 10. Complaints against entries in the contract can be taken into account only if they are immediately lodged. By signing the contract, the pawner declares himself in agreement with the pledge clauses according to these terms and conditions. Thus, the pawn loan contract is signed. § 11. The exercising of all right from the pawn loan contract, such as release, conversion (prolongation), is compulsory for the presentation of the contract by the pawner. Authorized for pledging from the pawn loan contract is the signer of the pawn loan contract; should the bearer of the contract deviate from the signer, he is entitled to avail the pawn only if a certified authority of the signer of the pawn loan contract is produced.
- A item is released against payment of the pawn loan and the charges agreed respectively. Directly after receiving the payment, the company agrees to the transfer application for the relevant item to the pawner.
Scale of charges
- The type and amount of the charges and the clauses about their payment are fixed in a scale of charges and is announced on the platform of the company. The scale of charges forms a part of this terms and conditions. If there is a change in the scale of charges with authorization of the trade authority, the changed rates are used only in those business cases, which were finalized after the change is put into effect.
Acceptance of released pawns
- Complaints regarding released pawns are accepted only if they are lodged during the acceptance.
- The term of a pawn can be extended on request of the pawner against termination of the old and issuing of a new contract as well as against payment of the charges intended for this (implementation, prolongation). (2). The implementation can be rejected by the company without stating reasons or can be made dependent on an installment payment of a part of the loan. § 16. (1). The pawner can pay the loan installment during the implementation. However the remaining loan cannot fall below the minimum amount agreed by the company in this case. (2) During the implementation, an extra amount going beyond the original loan can be granted upon request of the pawner with consent of the company.
Expiry/maturity and utilization of the pawns
- Pawns, which are not released or implemented until the expiry date noted on the contract, are expired and go over to the sole and final control of the company after expiry of extension period of six weeks. The company is entitled from this time to use the item at own discretion or give it to someone else to use. Normally it can be used in an open access sale. The company shall not present the pawns to an expert for the evaluation for the verification before their use. § 18. The number groups of the contracts of the expired pawns being used are announced monthly on the platform of the company.
Release and implementation of expired pawns
- Expired pawns can be normally released or implemented latest on the last working day before the use. If the pawn is not used, since the company reserves the right to use at its own discretion, a release or implementation is possible latest on the 90th day after due date of the repayment of the loan amount. After that a release or implementation is ruled out.
Use of matured pawns
- The matured pawns are used according to the clauses of the terms and conditions of the company.
Loss of a pawn certificate, schedule planning
- If a contract incurs loss, the pawners of the company and on their request also the pawn authority immediately has to show the loss verbally or in writing. The loss bearer must declare the data of the lost contract and must describe the pawn accurately. If the description corresponds to the pawned pawn and the stated data of the contract is correct and the signature of the loss bearer corresponds to the records of the company, the loss of the contract is noted down after the confirmation about shown loss by the pawn official was produced and a copy was made. On the basis of this copy, the pawn can be converted by the pawner.
Prohibition of the further pledging
- The company is prohibited to further pawn pawned items. (2). The professional purchase as well as the professional feoff of pawn certificates is prohibited.
Discontinuation and suspension of the trade license
- The company shall show the discontinuation of the trade license or the suspension of the trade license six weeks in advance through more than two months to the authorities and to point it out through notice in the business areas as well as an announcement in the Extra and/or Amigoe newspaper. Pawns are not accepted within the last 6 weeks before the shutdown to be shown. A handing over of the pawns takes place until 3 months after the discontinuation or the suspension of the trade license. Signing of pawn contracts after beginning of the suspension or after the time of the discontinuation of the trade license is not permissible.
General terms of business of Gold-2-Cash comprising 23 paragraphs, applicable from January 2010.