عربي Terms & Conditions
1 – Introduction:
1.1 This Agreement constitutes an electronic document governed by the provisions of Egyptian Law No. 15 of 2004 regulating Electronic Signature and Establishing the Information Technology Industry Development Agency.
1.2 Accordingly, this electronic document shall have the same evidentiary value accorded to writings and official and private instruments under the provisions of the Law of Evidence in Civil and Commercial Matters and Criminal Presumptions, as well as under all international agreements and national laws applicable in various countries, and before national and international arbitration tribunals.
1.3 A paper copy reproduced from this official electronic document shall constitute evidence against all persons to the extent that it conforms to the original of this document, provided that the official electronic document and the electronic signature remain available on the electronic platform owned by Dahab Masr Investment Group Company (“Dahab Masr”).
2 – Definitions:
2.1 “User” means any individual acting in his capacity as a natural person, or any institution, entity, or company acting in its capacity as a juridical person, in accordance with the local and foreign definitions of natural and juridical persons, dealing as the counterparty for the purchase of gold and/or silver and/or receipt of gold and silver and/or resale of gold and silver to the Dahab Masr Platform and/or storage of gold and silver or to any other purchaser, in accordance with the terms and rules set forth in this Agreement.
2.2 “Gold” means 24-karat gold with an accuracy of 99.99% and a fineness of 999.9, as well as 21-karat gold with an accuracy of 87.5% and a fineness of 875, offered by the Dahab Masr Platform under the registered trade name “Dahab Masr” or under any other trade name with which the Platform contracts, in addition to fractional units of less than one gram stamped by the Egyptian Assay and Weights Authority.
2.3 “Silver” means silver with an accuracy of 99.9% and a fineness of 999.0, offered by the Dahab Masr Platform under the registered trade name “Dahab Masr” or under any other trade name with which the Platform contracts, in addition to fractional units of less than one gram stamped by the Egyptian Assay and Weights Authority.
2.4 “Gold Account” means the account electronically created on the Dahab Masr Platform by the User – as defined above – for the purpose of conducting sale or purchase transactions or any transactions subsequently added by the Platform, including, by way of example and without limitation, leasing, pledging, minting transactions, securitization, usufruct, investment in its various forms, or any other forms of investment or dispositions relating to gold and silver.
2.5 “Gold Account Data” means the data provided by the User, who undertakes and acknowledges its accuracy and assumes the legal liability arising therefrom concerning the determination of the User’s true digital identity, and which produces its legal effect upon the creation of the Gold Account.
2.6 “User Request” means a purchase request, sale request, storage request, delivery request, shipping request, or any other requests for various legal dispositions made available on the Platform by Dahab Masr Company. A User Request shall constitute an offer by the User to contract with respect to all legal dispositions made available, provided that such request is sufficiently specific and includes identification of the required quantity of gold or silver and the price, or any data by which either or both may be determined.
2.7 “Force Majeure” means any event wholly or partially beyond the actual control of Dahab Masr Platform, including, without limitation, any event beyond its control, whether relating to regulatory measures issued by executive, legislative, or judicial authorities, or any event falling within the cases of force majeure, or unlawful digital acts represented by:
First: Unlawful access to the Dahab Masr Platform, which means any person who intentionally accesses, or unintentionally accesses and continues without legal authority, the Platform’s website, a User’s private account, or an information system of the Platform to which access is prohibited, or any acts of access resulting in the destruction, deletion, alteration, copying, or republication of data or information contained on such website, private account, or information system.
Second: Exceeding the limits of the right of access, meaning any person who accesses the Dahab Masr website, a User’s private Gold Account, or the Platform’s information system using a right granted to him, but exceeds the limits of such right in terms of time or level of access.
Third: Unlawful interception, meaning any person who, without legal authority, intercepts any information or data or anything circulated through the Dahab Masr Platform.
Fourth: Attacking the integrity of data, information, and information systems, meaning any person who intentionally and without legal authority destroys, disables, alters the course of, or wholly or partially cancels programs, data, or stored, processed, generated, or created information on any information system belonging to Dahab Masr Platform, regardless of the means used.
Fifth: Attacking Users’ Gold Accounts, meaning any person who destroys, disables, slows down, or hacks a User’s Gold Account.
Sixth: Attacking the design of the Dahab Masr website, meaning any person who, without legal authority, destroys, disables, slows down, distorts, conceals, or alters the designs of Dahab Masr Platform.
Seventh: Attacking the integrity of the Dahab Masr Platform, meaning any person who intentionally causes the Platform to cease operating, disables it, limits its operating efficiency, disrupts it, obstructs it, interferes with its operation, or unlawfully performs electronic processing of its data.
Eighth: Attacking and defrauding bank cards, services, and electronic payment instruments used on the Dahab Masr Platform, meaning obtaining, without legal authority, access to numbers, data, bank cards, services, or other electronic payment instruments on the Dahab Masr Platform, whether for the purpose of using them to obtain third-party funds or the services made available thereby, or otherwise.
Ninth: Fabricating websites for Dahab Masr Platform or private Gold Accounts of Users, whether such fabrication consists of an email address belonging to Dahab Masr Platform, a similar website, or a private Gold Account of a User, falsely attributing the same to Dahab Masr Platform, or using the fabricated email, website, or account for any matter that causes harm to the person or entity to whom it was falsely attributed.
Tenth: The laws, regulatory regulations, and executive decisions issued by the competent authorities in the Arab Republic of Egypt, on the basis that the service provider is subject to the jurisdiction of Egyptian law, as well as the laws, regulatory regulations, and executive decisions applicable in the User’s domicile of the Gold Account.
3 – Dahab Masr Services:
Dahab Masr Platform provides electronic services for the sale and purchase of gold and silver locally or globally, secure custody services for Users, physical delivery of gold and/or silver to Users, delivery and shipping services and all services related thereto, in addition to carrying out all legal dispositions on behalf of Users, including, by way of example and without limitation, operating leases, pledges, minting transactions, securitization, usufruct, investment in its various forms, and other forms of investment or legal dispositions in gold and/or silver, in accordance with the forms of such dealings that the Platform may make available for electronic transactions in the future.
3.2 Gold or silver may be offered for sale or purchase, in addition to storage, delivery, shipping, and other forms of disposition referred to in the preceding paragraph, through the Dahab Masr Platform and under its trademark. The Platform facilitates electronic payment collection services in accordance with the various payment systems through agreements with other partners to provide collection services pursuant to separate agreements. Dahab Masr Platform shall bear no liability for any errors or impediments relating to payment collection services, as such liability shall remain solely with the contracted payment collection service provider selected by the User.
3.3 Merely agreeing electronically to the purchase and sale agreement shall constitute an irrefutable presumption of the User’s acknowledgment and acceptance of all terms and conditions contained therein.
3.4 Dahab Masr Platform does not guarantee any returns from purchasing or selling through the Platform, whether directly or indirectly. The User shall be solely responsible for all transactions and dispositions conducted through the Platform, including undertaking due diligence and proper analysis prior to making his decision to transact. The User shall bear full responsibility for any resulting profit or loss, without any liability whatsoever on the part of Dahab Masr Platform.
3.5 Dahab Masr Platform shall commence providing the services conducted through the Platform upon creation of the Gold Account and submission of all legally required data in accordance with the requirements applicable to the Know Your Customer (“KYC”) system.
3.6 The User acknowledges that he is not registered for Value Added Tax or Goods and Services Tax pursuant to the laws of the country to which he is subject. If he is registered, he undertakes to notify Dahab Masr Platform of his registration status within the tax system in his country in order to avoid issues of international or domestic double taxation, in addition to providing all documents evidencing such status, particularly registration documents, upon request by the Platform.
3.7 The User acknowledges to Dahab Masr Services, with full knowledge and in a manner that precludes ignorance, that gold and/or silver products purchased through Dahab Masr Platform are non-returnable and non-exchangeable in accordance with Article 13 of the Executive Regulations of the Egyptian Consumer Protection Law.
3.8 The Customer acknowledges that use of the Platform and services is at his own risk and that the Company provides no warranties regarding the accuracy, completeness, or availability of the information or services. The Customer and User acknowledge to the Platform that they bear all risks and costs associated with use of the Platform, including any loss or damage that may result from technical errors, service interruptions, or any other causes beyond the Company’s control.
3.9 Dahab Masr Company does not guarantee that the online order-entry system will be available for use twenty-four (24) hours a day, seven (7) days a week without interruption. Internet network failures, Internet service providers’ systems, devices used to access the system, or any event falling within cases of Force Majeure may result in service interruption or delays in order execution. Dahab Masr Company shall not be liable for any losses or damages arising from such failures or delays. Dahab Masr shall also bear no liability of any kind whatsoever for transactions paid for by the Customer through financing companies of any kind and subsequently resold by the Customer forty-eight (48) hours after the purchase date. Dahab Masr considers that such transactions do not fall under the concept of liquidation, as the original principle is that the purchase and resale of precious metals is subject to momentary price fluctuations and the original purpose of such transactions is speculation and/or investment, by way of example and without limitation. Furthermore, Dahab Masr shall neither be responsible nor bound by the contractual terms entered into between the Customer/User and the financing entity. In all cases, Dahab Masr shall have the right to suspend, halt, or cancel any transaction of any kind whenever it deems appropriate in light of the circumstances.
4 – Custody and Storage of Gold and Silver:
4.1 The User shall have the right to request Dahab Masr Platform to take measures for the custody and storage of gold and/or silver with a legally licensed entity in accordance with Egyptian law, in consideration of storage service fees determined according to the nature and quantity of the purchased assets and their value, pursuant to a subsequent electronic or written agreement between Dahab Masr Platform and the User.
4.2 Dahab Masr Platform shall have the full right to retain the physical gold and/or silver and withhold its delivery to the User in consideration of receiving all agreed fees and reasonable expenses incurred in connection therewith, Also The User hereby acknowledges and agrees to be bound by all terms and conditions of the storage agreement and/or storage contract made available by the Platform, including, without limitation, the applicable storage fees, the right to retain and/or withhold the Products and sell them in the event of non-payment, as well as all other terms and conditions that the Platform may deem appropriate in accordance with its applicable storage and custody policies.
4.3 Dahab Masr Platform may take measures to safeguard gold and/or silver by depositing it in vaults at Egyptian banks or companies licensed for such purpose, at the User’s expense.
4.4 Dahab Masr Platform or the party obligated to provide custody and storage may sell the gold and/or silver owned by the User by all available means if the User delays taking possession of the gold and/or silver or paying custody fees, provided that electronic notice is sent to the User’s Gold Account.
5 – Creation of the Gold Account and Formation of the Contract:
5.1 Before commencing any sale, purchase, or other legal dispositions available on Dahab Masr Platform, the User shall create a dedicated account called the “Gold Account,” in accordance with the meaning set forth in Clause 2.4. The User shall follow the systematic electronic procedures for creating the Gold Account on the Platform and shall submit all data, information, and official documents requested by Dahab Masr Platform to establish his true identity and digitally verify the same, whether by the Platform itself or by any party contracted with Dahab Masr Platform to provide services relating to gold and/or silver, particularly a national identification card, passport, commercial registration certificate, tax registration certificate, or other required official documents and instruments. Dahab Masr Platform shall have the right to retain, preserve, and store all electronic, digital, and physical documents, instruments, information, and data relating to the User and to disclose the same to the competent regulatory authorities upon their request or request for inspection. The User acknowledges, with full knowledge precluding ignorance, and authorizes the Platform to conduct identity verification procedures with official authorities inside or outside Egypt.
5.2 Dahab Masr Platform may close the User’s Gold Account if the Gold Account data referred to in Clause 2.5 is inaccurate, misleading, falsely attributed to another person or entity, or, at its sole discretion and without disclosure of reasons. It shall have the right to claim compensation resulting from contractual violations arising from the obligation to sufficiently identify the User in breach of the governmental regulatory procedures and instructions, as well as fraud and deceit committed by the User in contracting. It shall also have the right to retain the gold and/or silver deposited with it or with any other party and to attach the same by way of enforcement pursuant to an interim attachment order issued by the competent arbitration authority, without the need for notice, warning, or judicial judgment whenever deemed necessary, as well as to attach all bank accounts of the User as security for Dahab Masr Platform’s legal claims before the arbitration tribunal. The User and/or Customer acknowledges his knowledge and acceptance of all of the foregoing in this Clause.
6 – User Acknowledgment:
6.1 The User undertakes and acknowledges that he shall maintain the confidentiality of his Gold Account data and acknowledges that he bears absolute responsibility for all transactions conducted through such account. He shall notify Dahab Masr Platform of any unauthorized use of the Gold Account data or any breach or hacking of electronic security or encryption systems. The Customer or User shall release Dahab Masr from any liability arising from such unauthorized use or breach or from failure to comply with the confidentiality of the Gold Account.
6.2 The User further acknowledges and agrees that, upon requesting or expressing his desire to execute any transaction or benefit from any services available through the Platform, regardless of their type or nature, payment shall be made through a payment card or electronic payment method owned by him and issued in his own name personally. He is prohibited from using any card or payment method belonging to or issued in another person’s name, whether such person is a relative or a third party, unless expressly permitted by its original owner. The User acknowledges that he alone bears full responsibility for the validity of his ownership of the payment method used and for any transaction executed through it, and shall bear all legal and financial consequences and liabilities arising from breach of this acknowledgment or use of a card or payment method owned by a third party, without any liability whatsoever on the Platform for any claims, damages, losses, or proceedings arising therefrom. This shall be without prejudice to the Platform’s right to reject, suspend, or cancel the transaction and take the necessary measures in accordance with applicable laws, regulations, and regulatory instructions, particularly the instructions and rules governing payment services and instruments issued by the Central Bank of Egypt.
6.3 The User acknowledges and warrants that all funds and amounts used in purchase or sale transactions or any services provided through the Platform are legitimate funds, that their source is lawful and legal, and that they are not proceeds of any crime or unlawful activity. The User shall provide any documents or data requested by the Company to establish the source of funds or the nature of their use and shall bear sole and full legal responsibility for the accuracy of this acknowledgment, without prejudice to the Company’s right to take the necessary measures in accordance with applicable laws, regulations, and policies, including, by way of example and without limitation, Anti-Money Laundering and Counter-Terrorism Financing procedures.
7 – Formation of the Contract:
7.1 Any request submitted by the User to enter into a contract concerning gold and/or silver and involving any of the legal dispositions provided by Dahab Masr Platform, particularly a sale, purchase, storage request, delivery request, or shipping request submitted by the User, in addition to other legal dispositions such as leasing, usufruct, securitization, minting transactions, pledging, or other legal dispositions permitted inside or outside the Arab Republic of Egypt, shall constitute an offer and acceptance by the User, provided that the request is accurately addressed to Dahab Masr Platform and sufficiently specified in terms of the required quantity by weight and price, together with an indication of the offeror’s intention that Dahab Masr Platform be bound thereby upon acceptance.
7.2 A User’s request to dispose of gold and/or silver addressed to Dahab Masr Platform shall be deemed merely an invitation to make an offer unless the User submitting such request has clearly indicated an intention to the contrary.
7.3 The offer shall produce its legal effect upon actual receipt of the electronic notification by Dahab Masr Platform.
7.4 The User may withdraw the offer through the Gold Account, even if it is irrevocable, if the withdrawal reaches the Platform before or at the same time as the offer.
7.5 The User may revoke the offer until this electronic contract is concluded if the revocation reaches Dahab Masr Platform before the Platform sends acceptance to the User.
7.6 The offer may not be revoked if it is clear therefrom that it is irrevocable, particularly where an instantaneous change occurs in the price of gold and/or silver as a result of increased demand for the purchase of gold and/or silver at the moment the offer is made.
7.7 The offer shall lapse, even if irrevocable, when Dahab Masr Platform’s rejection thereof reaches the User.
7.8 Any statement or act by Dahab Masr Platform, whether by sending an electronic notification or any other form of notice indicating acceptance of the offer, shall constitute acceptance. However, silence by the Platform or failure to take any action shall not, in itself, constitute acceptance.
7.9 Acceptance of the offer shall take effect from the moment the User receives an indication of acceptance. The price at which the offer and acceptance are concluded shall be the price prevailing at the time the Platform sends the acceptance notification to the User in accordance with the gold price displayed on the Platform’s pricing screen and the User’s Gold Account.
7.10 The User may specify a period during which acceptance by Dahab Masr Platform is required when submitting the offer. If acceptance is not sent within the period specified by the User, acceptance shall have no legal effect.
7.11 If the User submits the offer and pays the price, provided that he has obtained prior approval of the Gold Account data and its confirmation by Dahab Masr Platform, without notifying Dahab Masr Platform, acceptance shall become effective at the moment the aforementioned act is performed, provided that the offer and payment occur at the same time without a time interval exceeding two minutes between them.
7.12 If the response to the offer purports to constitute acceptance but contains amendments, additions, or specifications, it shall be deemed a rejection of the offer and shall constitute a counter-offer.
7.13 If the response to the offer purports to constitute acceptance and contains supplementary or different elements that do not result in a fundamental alteration of the offer, it shall constitute acceptance unless the User, without delay not exceeding four minutes, objects thereto verbally or by sending a notice to that effect. If the User does not object as stated, the contract shall incorporate the terms contained in the offer together with the amendments contained in the acceptance.
7.14 Additional or different terms relating to price, quality, quantity, place or time of delivery of the gold, or relating to the extent of either party’s liability towards the other, shall be deemed to result in a fundamental alteration of the terms of the offer.
7.15 The period specified by the User for acceptance in the message sent to Dahab Masr Platform shall commence from the moment the offer reaches Dahab Masr Platform.
7.16 Late acceptance shall produce its legal effects if Dahab Masr Platform, without delay, notifies the User electronically thereof.
7.17 Acceptance may be withdrawn if the withdrawal request reaches the User before or at the same time as the moment at which acceptance takes legal effect.
7.18 The contract shall be concluded at the moment the offer is accepted.
7.19 An offer, an announcement of acceptance, or any other expression of intent shall be deemed to have reached the other party when such party is notified thereof electronically through Dahab Masr Platform.
7.20 Without prejudice to all of the foregoing, the User acknowledges the Platform’s full discretion in all circumstances and acknowledges that the Platform is not obligated to accept every transaction or service conducted on its Platform. The User acknowledges and understands that the Platform has absolute discretion to accept or reject any service request or transaction request on its Platform whenever necessary and whenever it deems such decision appropriate.
8 – Obligations of Dahab Masr Platform:
8.1 Delivery of Gold and Silver:
8.1.1 Dahab Masr Platform shall deliver the gold and/or silver to the User, together with the documents relating thereto, and shall transfer ownership of the gold and/or silver in the manner required by the Agreement.
8.1.2 If Dahab Masr is not obligated to deliver the gold and/or silver at any other specified location, its delivery obligation shall be as follows:
First: Delivery of the gold and/or silver to the carrier contracted by Dahab Masr for delivery to the User, in accordance with the address specified by the User for receipt pursuant to the offer request submitted by him.
Second: The gold and/or silver shall be placed at the User’s disposal, if the User has not specified a delivery address, at Dahab Masr Platform’s headquarters stated on the Platform’s website.
Third: In any other case, Dahab Masr Platform shall place the gold and/or silver at the User’s disposal at the location specified in the identification documents submitted by the User and recorded in the User’s Gold Account data.
8.1.3 If Dahab Masr Platform delivers the gold and/or silver to a carrier, Dahab Masr Platform shall send the User, through the Platform, a shipping notification containing sufficient identification of the gold and/or silver, including its quantity, weight, and price.
8.1.4 Dahab Masr Platform shall enter into separate agreements with precious-metals transportation companies or other carriers, containing the terms applicable to such transportation, and such agreements shall be deemed an integral and complementary part of this Agreement.
8.1.5 Dahab Masr Platform shall deliver the gold and/or silver to the User on the date subsequently specified by it through a notice issued to the User on Dahab Masr Platform.
8.2 Electronic and Physical Delivery of Documents:
Dahab Masr Platform shall deliver all documents relating to ownership of the gold to the User electronically through Dahab Masr Platform and physically through shipping documents via the carrier, without charging the User any expenses or fees relating solely to such documents, excluding shipping fees or any subsequent fees agreed upon.
8.3 Conformity of Gold and Third-Party Rights and Claims:
8.3.1 Dahab Masr Platform shall deliver the gold and/or silver to the User in such a manner that its quantity, quality, specifications, wrapping, and packaging conform to the offer and acceptance notices between the User and Dahab Masr Platform.
8.3.2 Dahab Masr Platform shall be liable for any lack of conformity existing at the time the risk passes to the User. However, upon receiving the gold and/or silver, the User must inspect it before signing the bill of lading upon receipt. If the gold and/or silver is found not to conform to the bill of lading in accordance with what was agreed in the acceptance and offer notices, the User shall record his objection to the non-conformity on the bill of lading, accompanied by his signature, followed by refusal to receive the shipment, and shall simultaneously send an electronic notification to Dahab Masr Platform stating the non-conformity at the following email address: ecommerce@dahabmasr.com.
8.3.3 Dahab Masr Platform shall not be liable for any lack of conformity if the procedures set forth in Clause 8.3.2 are not followed. Dahab Masr Platform shall be released from any liability relating to conformity unless the procedures referred to above are followed. The User shall lose the right to invoke the defect, if any, if he fails to follow the aforementioned procedures. The User further acknowledges and undertakes that he understands and recognizes the aforementioned procedural clause and, with full knowledge precluding ignorance, acknowledges his waiver thereof and release of the Platform from any claims or rejection of return where he fails to comply with the provisions of Clause 8.3.2.
8.3.4 If the User invokes non-conformity in accordance with the procedures set forth in Clause 8.3.2, Dahab Masr Platform shall provide the User with replacement gold other than the gold and/or silver objected to and found to be non-conforming according to the acceptance and offer notices, or shall provide the missing gold and/or silver where the non-conformity relates to a shortage in the agreed quantity, all without imposing or adding any expenses on the User.
8.3.5 The User may inspect the gold and/or silver himself before signing the bill of lading or through another person. The User may also request that the gold and/or silver be directed to the address of an entity specialized in gold inspection, provided that the User receives the gold and/or silver at such entity’s address after conformity has been verified and the bill of lading has been signed, with additional expenses payable by the User if more than one location is involved.
8.3.6 Dahab Masr Platform shall deliver gold free from any third-party right or claim, unless the User agrees to take the gold and/or silver subject to such right or claim, including, by way of example and without limitation, leasing, pledging, minting transactions, securitization, or other legal dispositions.
8.3.7 Dahab Masr Platform shall deliver gold free from any third-party right or claim based on industrial or intellectual property. Nevertheless, Dahab Masr Platform may deliver gold subject to industrial or intellectual property rights of others, provided that a separate agreement exists concerning the use of promotional or distribution rights for the benefit of the holders of such industrial or intellectual property rights. The User shall lose this right if he fails to notify Dahab Masr Platform of any third-party right or claim, specifying the nature of such right or claim, within ten days from the date of receiving the gold.
8.4 Remedies Resulting from Dahab Masr’s Breach of the Contract:
8.4.1 A breach of these terms by either party shall constitute a fundamental breach if it causes damage to the other party of such nature as to substantially deprive that party of what it was entitled to expect under the contract, unless the breaching party did not foresee such result and no person of reasonable awareness in the same circumstances could have foreseen such result.
8.4.2 A declaration of termination of the sale or purchase shall have no effect unless made by electronic notice through Dahab Masr Platform addressed to the other party.
8.4.3 The User may terminate the sale in the event of non-delivery if delivery constitutes an essential requirement based on the offer and acceptance notices, within the agreed period and the additional period subsequently specified by another notice.
8.4.4 The User shall lose the right to terminate if the User receives the gold and/or silver, whether on the agreed date or after such date.
8.4.5 In the event that the gold and/or silver does not conform to what was agreed in the offer and acceptance notices, and Dahab Masr Platform remedies the defect in any manner whatsoever, the User may not terminate the contract or take any action that would reduce the financial rights due to Dahab Masr Platform.
8.4.6 The User may not terminate the sale, purchase, or any legal disposition unless the lack of conformity constitutes a fundamental breach involving complete non-conformity such that the gold is not gold or the silver is not silver and constitutes a metal other than gold and/or silver.
8.4.7 If Dahab Masr Platform delivers a quantity of gold and/or silver exceeding the quantity agreed upon in the offer and acceptance notices, the User may accept or refuse the excess quantity. If the User accepts the excess quantity, he shall pay its price according to the price specified in the offer and acceptance notices or return it to Dahab Masr Platform with the same specifications; otherwise, he shall be subject to legal liability, in addition to Dahab Masr Platform’s right to compensation.
9 – User’s Obligations:
9.1 The User shall pay the price of the gold and/or silver first, whether the gold and/or silver is received or whether the User submits a request for its storage through Dahab Masr Platform acting on his behalf.
9.2 The price of gold and silver shall be determined on the basis of the price specified on Dahab Masr Platform and published on its website and electronic screen, without reference to any other price. The User shall be bound by the specified price without dispute or reliance on any other gold and silver pricing system.
9.3 The User’s obligation to receive shall include performing all acts that may reasonably be expected from him to enable Dahab Masr Platform to effect delivery or enable the User to receive the gold and silver.
9.4 If the User refuses to receive the gold and/or silver despite having paid the price and the gold and/or silver conforming to what was agreed in the offer and acceptance notices, Dahab Masr Platform shall deposit the gold and/or silver with itself and take the following procedures:
First: A formal offer of delivery of the gold and/or silver shall be made to the User through a court bailiff in accordance with the provisions of Articles 487 and 488 of the Egyptian Civil and Commercial Procedures Law, specifying the date and place of receipt at Dahab Masr Platform’s headquarters stated on the aforementioned website.
Second: If the User fails to appear for receipt on the date specified in the formal notice of offer of delivery, Dahab Masr Platform shall have the right to request the Summary Judge at the Cairo Economic Court to authorize the deposit of the gold and/or silver with Dahab Masr Platform against monthly storage expenses assessed at EGP 200 per gram of gold and EGP 150 per gram of silver. Such amount shall be deducted from the weight of the deposited gold and/or silver. If the storage fees exceed the value of the deposited gold and/or silver or one gram thereof, they shall be deducted from the deposited quantity of gold and/or silver, and ownership thereof shall transfer in favor of Dahab Masr Platform.
9.5 The sale agreement shall be deemed automatically terminated subject to an express resolutory condition if the User fails to perform his obligation to receive the gold and/or silver in accordance with the terms set forth above. Dahab Masr Platform shall have the right to impose compensation equal to the loss suffered by Dahab Masr Platform and the profit it failed to obtain as a result of the breach, provided that such compensation shall not exceed the loss and lost profit suffered by Dahab Masr Platform.
9.6 Upon termination of the sale, Dahab Masr Platform shall be released from the obligations arising under this Agreement, without prejudice to any compensation due to it.
9.7 Force Majeure shall suspend the performance of the obligations imposed upon Dahab Masr Platform and release it from any resulting legal liability if a Force Majeure event occurs within the meaning set forth in Clause 2.7 of these Terms.
10 – Supervision and Anti-Money Laundering:
10.1 The User acknowledges that the funds (cash, gold assets, or silver assets) used to purchase gold and/or silver assets from the Platform for investment purposes originate from legitimate sources, particularly in accordance with the requirements of Article 2 of the Anti-Money Laundering Law prohibiting the laundering of proceeds derived from crimes involving the cultivation, manufacture, possession, import, export, and trafficking of plants, precious stones, and narcotic substances; crimes involving the hijacking of means of transportation and unlawful detention of persons; crimes where terrorism, as defined in Article 86 of the Penal Code, or its financing is among their purposes or means of execution; crimes involving the import, trafficking, or manufacture without a license of weapons, ammunition, and explosives; crimes stipulated in Chapters One, Two, Three, Four, Fifteen, and Sixteen of Book Two of the Penal Code; crimes of theft and extortion of funds; crimes of indecency and prostitution; crimes against antiquities; environmental crimes relating to hazardous substances and waste; and organized crimes referred to in international conventions to which Egypt is a party, whether the money-laundering crime or the aforementioned crimes are committed inside or outside Egypt, provided that such acts are punishable under both Egyptian and foreign law.
10.2 The Platform shall comply with the due diligence procedures issued by the Money Laundering and Terrorist Financing Combating Unit with respect to customer acceptance policies, identification of customers and beneficial owners, updating data, and continuous monitoring of gold and/or silver investment transactions and the sources of invested funds. It may obtain identification data and information concerning the legal status of the User and beneficial owners, whether natural or juridical persons, through official or customary means of identification acceptable for such purposes, and shall record such identification data. It shall not open investment accounts, link deposits, or accept funds or deposits that are anonymous or held under fictitious or pseudonymous names.
10.3 The Platform shall have the right to apply enhanced due diligence procedures to the User. The User acknowledges and agrees to enable the Platform, when applying enhanced due diligence procedures in accordance with the instructions of the Money Laundering and Terrorist Financing Combating Unit and Law No. 194 of 2020 concerning the Central Bank, to obtain additional information concerning the User and third parties, including the size of assets or property, information concerning the source of the User’s or Users’ funds or source of wealth, and other enhanced due diligence procedures prescribed by the Money Laundering and Terrorist Financing Combating Unit.
10.4 The User agrees and acknowledges the Platform’s right to submit notifications to the Money Laundering and Terrorist Financing Combating Unit upon discovering transactions suspected of involving money laundering, without any legal liability whatsoever being imposed on the Platform. The Platform shall also have the right to reject or suspend any transactions submitted by the User without being required to provide any reason whatsoever. The User may not use any electronic payment methods that are not exclusively owned by him. If the Platform discovers otherwise, it shall have the right to take the legally necessary measures in relation to the matter.
11 – Shipping and Delivery Service:
11.1 Dahab Masr Platform provides shipping and delivery services as an additional and optional service to the User. Shipping and delivery fees shall be calculated separately from the value of the product or added to the value of the product sold at the time of the order. The delivery period shall depend on the location of the sender and recipient and the Platform’s operational circumstances. The Customer shall provide a correct and complete address and shall pay the full shipping and delivery amount through all payment methods made available by the Platform, even if the Customer subsequently withdraws and decides not to receive the product in the cases referred to above.
11.2 The Platform or its personnel shall have the right to refuse to transport any shipment that violates laws or regulations or falls outside the coverage area, and the User shall have no right to object thereto.
10.3 The Customer/User acknowledges and undertakes not to change the previously agreed place of receipt. If the Platform is notified thereof and approves the change and wishes to increase the shipping and delivery price, the User shall pay the agreed difference before or during delivery. The Customer/User may not authorize another person to receive the shipment on his behalf unless he has previously notified the Platform of his intention to do so through an official method and the Platform has approved the same.
11.4 The Customer acknowledges that, upon receiving the product from the Company’s representatives only, an automatic message confirming receipt of the product shall be sent by the Platform via email or a recorded telephone call. In the case of immediate notification by email, the Customer shall have until midnight on the same day of receipt to respond and report non-receipt, if applicable. If no response is received, such silence shall constitute an acknowledgment of receipt of the product. However, if the response is received after the aforementioned period, the Platform shall refuse to recognize any observations contained in the email or messages.
12 – Governing Law:
The provisions of this Agreement shall govern any dispute arising from the implementation or interpretation of this Agreement, in accordance with the relevant provisions of Egyptian law. If no applicable provision exists, the rules of commercial custom shall apply.
13 – Dispute Resolution:
13.1 In the event of any dispute arising between the parties, such dispute shall be settled through negotiation between the parties, without prejudice to the confidentiality obligations associated with the rules of this Agreement and the gold and/or silver investment transactions implemented by the Platform.
13.2 In the event that the User or Customer fails to reach an amicable solution satisfactory to both parties, the competent courts of Cairo shall have jurisdiction to adjudicate any dispute that may arise, God forbid, in connection with the performance, interpretation, or construction of any provision of this Agreement.