Terms and Conditions
1. Introduction
These Terms and Conditions ("Terms") govern your use of the website located at bushiangalagold.com (the "Website") and any commercial enquiry, quotation, or agreement entered into with Bushiangala Gold Extractives in connection with the purchase of physical gold products.
Please read these Terms carefully before using the Website or submitting an enquiry. By accessing the Website or submitting an enquiry, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use the Website.
2. About Bushiangala Gold Extractives
Bushiangala Gold Extractives is a gold mining and export company registered in Kenya. We hold a Mineral Trading Licence issued by the State Department of Mining, a Mineral Export Permit issued by the Kenyan Ministry of Mining, and a NEMA Environmental Certificate issued by the National Environment Management Authority. These licences authorise us to mine, trade, and export gold from Kenya.
Our registered address is 4th floor, Room 13, Kenrail Towers, Westlands, off Ring Road, Nairobi. For enquiries, please contact us via WhatsApp at +254 100006445.
3. Use of This Website
The Website is provided for informational purposes and to facilitate commercial enquiries. You may use the Website only for lawful purposes and in accordance with these Terms.
You agree not to: use the Website in any way that violates applicable law or regulation; transmit unsolicited or unauthorised advertising material; attempt to gain unauthorised access to any part of the Website or its systems; or use the Website to engage in any activity that is fraudulent, misleading, or harmful to Bushiangala Gold Extractives or to other users.
We reserve the right to restrict or terminate access to the Website at any time and without notice where we have reasonable grounds to do so.
4. Information on This Website
The content published on this Website, including gold market commentary, pricing references, regulatory information, and product descriptions, is provided for general informational purposes only. It does not constitute financial advice, investment advice, or a binding offer to sell gold at any stated price or specification.
Gold prices are determined by the international spot price, which changes daily. Any pricing references appearing on this Website are indicative only and are not binding. Confirmed pricing is provided solely through a formal written quotation issued by Bushiangala Gold Extractives following a direct enquiry.
We take reasonable steps to ensure that the information on this Website is accurate and up to date, but we make no warranty that it is complete, accurate, or current at all times. We reserve the right to change, update, or remove content from the Website without notice.
5. Enquiries and Quotations
Submitting an enquiry through our Website contact form, email, or WhatsApp does not constitute a binding agreement between you and Bushiangala Gold Extractives. An enquiry is an expression of interest only, and we are under no obligation to respond to or act on any enquiry received.
A binding commitment to purchase arises only when both parties have signed a formal written purchase agreement and the agreed deposit or full payment has been received and confirmed by us in writing. Until that point, either party may withdraw from discussions without liability or obligation.
Quotations issued by Bushiangala Gold Extractives are valid for the period stated within the quotation document. Where no validity period is specified, a quotation is valid for 48 hours from the time of issue, after which the gold price and product availability are subject to change without notice.
6. Eligibility
By submitting an enquiry or entering into a purchase agreement with Bushiangala Gold Extractives, you confirm that:
- You are at least 18 years of age
- You are not a citizen or resident of a country subject to international sanctions that would prohibit you from engaging in this type of commercial transaction
- You are not acting on behalf of any sanctioned individual, entity, or organisation
- The funds you intend to use for any purchase originate from a legitimate, lawful source
- You have the legal authority to enter into binding commercial agreements in your jurisdiction
We reserve the right to decline an enquiry or to refuse to enter into a purchase agreement with any individual or entity, including where we have reasonable grounds to question the eligibility criteria above, without being required to provide a reason.
7. Payment
Payment terms for any gold purchase are specified in the formal written purchase agreement between the parties. We do not publish fixed standard payment terms on this Website, as terms are agreed individually depending on the quantity, purity grade, and delivery arrangements for each transaction.
Payments are accepted via international bank transfer (SWIFT), cryptocurrency (USDT), and international remittance services including Western Union, WorldRemit, and other providers agreed in writing at the time of contracting. We will confirm accepted payment methods and provide all relevant transfer details in writing once a formal purchase agreement has been concluded and signed by both parties. We do not accept any payment mechanism that does not provide a clear and auditable record of the transaction.
Title to the gold passes to the buyer only upon receipt of full payment in cleared funds. Until payment is received and confirmed in writing, all gold remains the property of Bushiangala Gold Extractives.
8. Export Documentation and Delivery
Bushiangala Gold Extractives holds a valid Mineral Export Permit and manages all export documentation required on the Kenyan side. For each confirmed shipment, we prepare and provide the following documents:
- Certificate of Origin, confirming that the gold was produced in Kenya
- Independent Assay Certificate, confirming the gold's purity grade and composition
- Export Customs Declaration, filed with the relevant Kenyan customs authority
- Commercial Invoice and Packing List, detailing weight, value, and shipment description
Delivery arrangements, including shipping method, insurance, timeline, and customs clearance responsibilities at the destination, are agreed and set out in the formal purchase agreement before any shipment is dispatched.
The buyer is responsible for ensuring that the importation of gold is lawful in their country of residence and for complying with all applicable import regulations, customs duties, and taxes at the destination. Bushiangala Gold Extractives is not responsible for customs clearance, import duties, or regulatory compliance obligations in the buyer's jurisdiction, and will not be liable for any delays, costs, or losses arising from the buyer's failure to comply with those obligations.
9. Gold Specifications and Certification
All gold supplied by Bushiangala Gold Extractives is accompanied by an independent Assay Certificate confirming the purity grade. We mine and refine our own gold and guarantee purity levels of between 96% and 99.99%, as specified in the formal purchase agreement for each transaction.
Any claim relating to gold purity or composition must be submitted in writing within 14 days of confirmed delivery, and must be supported by an independent assay report conducted by an accredited laboratory in the buyer's jurisdiction. Claims submitted after this period, or without independent laboratory evidence, cannot be accepted.
10. Risk and Title
Risk in the gold passes to the buyer at the point specified in the formal purchase agreement, which will typically be defined by reference to the agreed Incoterms applicable to the delivery arrangement.
Title to the gold passes to the buyer only upon receipt of full payment in cleared funds, as confirmed in writing by Bushiangala Gold Extractives. Until title has passed, the buyer holds no legal ownership over any gold, whether or not delivery has taken place.
11. Know Your Customer and Anti-Money Laundering
Bushiangala Gold Extractives is committed to compliance with Kenyan anti-money laundering legislation and internationally recognised due diligence standards for the gold trade. We conduct Know Your Customer (KYC) checks on all buyers entering into a purchase agreement with us.
Before proceeding with any transaction, we may request documentation confirming your identity, your country of residence, and the source of the funds to be used for the purchase. This is a standard requirement for all international gold transactions and applies to all buyers regardless of their location.
We will not proceed with any transaction where we have reasonable grounds to believe it may involve money laundering, fraud, proceeds of crime, or a breach of international sanctions. We reserve the right to cancel any agreed transaction and to report any suspicious activity to the relevant authorities as required by law.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Bushiangala Gold Extractives shall not be liable for any indirect, consequential, incidental, or special loss or damage arising from your use of this Website, any information published on it, or any transaction entered into with us. This includes, without limitation, loss of profit, loss of revenue, loss of data, or loss of business opportunity.
Our total liability to you in connection with any individual transaction is limited to the value of the gold purchased in that specific transaction. This limitation does not apply to liability arising from fraud or wilful misconduct, or to any other liability that cannot be lawfully excluded.
We make no warranty that this Website will be available at all times, free from errors, or free from viruses or other harmful components. Access to the Website may be suspended or withdrawn at any time without notice.
13. Intellectual Property
All content published on this Website, including text, images, logos, and the design and structure of the Website, is owned by or licensed to Bushiangala Gold Extractives and is protected by copyright and other applicable intellectual property laws.
You may view and print content from this Website for your own personal, non-commercial reference. You may not reproduce, republish, modify, distribute, or commercially exploit any content from this Website without our prior written permission. Unauthorised use of our content may give rise to a claim for damages.
14. Privacy
Your use of this Website is also governed by our Privacy Policy, available at bushiangalagold.com/privacy-policy. By using this Website, you acknowledge that you have read and understood our Privacy Policy and consent to the processing of your personal data as described in it.
15. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them (including disputes relating to any purchase agreement entered into with Bushiangala Gold Extractives), are governed by and construed in accordance with the laws of the Republic of Kenya.
The parties submit to the non-exclusive jurisdiction of the courts of Kenya for the resolution of any dispute arising under these Terms or any related purchase agreement. Nothing in this clause limits the right of a consumer located in the European Union or the United Kingdom to bring a claim under the mandatory consumer protection provisions of the law of their own country.
16. Amendments
We may update these Terms from time to time to reflect changes in our business practices, applicable law, or regulatory requirements. When we do, we will revise the "last updated" date at the top of this page. Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms.
Where changes are material and affect the terms of an existing purchase agreement that has already been signed, we will notify the relevant buyer directly in writing before those changes take effect.
17. Contact Us
If you have any questions about these Terms, please contact us:
Bushiangala Gold Extractives4th floor, Room 13, Kenrail Towers, Westlands, off Ring Road
Nairobi
Email: info@bushiangalagold.com
WhatsApp: +254 100006445