1.

1. PURPOSE – ACCEPTANCE – VALIDATION

 

These Special Terms and Conditions for the GARDIENOR service (hereinafter the “SPTs”) are intended to define the terms under which GODOT & FILS NET (hereinafter “the Company”) provides Customers, via the Website interface accessible at https://www.achat-or-et-argent.fr, the GARDIENOR Service, which provides secure safekeeping in a vault for certain gold or silver products purchased on the Website for investment purposes (hereinafter referred to as the “GARDIENOR Service”).

 

The GARDIENOR Service allows the customer to entrust the Company with the secure storage of precious metal products purchased from the Company or through the Website, as part of a specialized custody service. It is not to be construed as the provision of a personal safe deposit box, the rental of a private compartment, or a storage service open to any goods or items freely chosen by the customer. Only products expressly sold by the Company and accepted for safekeeping at the time of order or through a specific subscription may be admitted to the GARDIENOR Service; any product, metal, jewelry, document, cash, valuable item, or any other property purchased outside the Company’s network or not expressly approved by the Company are automatically excluded.

 

The Customer’s acceptance and/or validation of their subscription to the GARDIENOR Service provided by the Company under the terms of Article 4 below implies unreserved acceptance of these General Terms and Conditions of Use (GTCU), the Website’s General Terms and Conditions of Sale (“GTCS”), the Website’s General Terms of Use (“GTU”), and the Privacy Policy.

 

2. EFFECTIVE DATE – TERM

 

These GTC shall take effect on the date the Customer signs the subscription form describing the GARDIENOR Service in question for the purposes hereof, , or on the date of online acceptance of the GARDIENOR Service during the ordering process.

 

The GTC shall remain in effect for the entire period during which the Company provides the GARDIENOR Service to the Customer.

 

The GTC are supplemented by the applicable General Terms and Conditions of Sale (GTCS), General Terms and Conditions of Use (GTCU), and the applicable subscription form, all of which form an integral part of the contractual relationship.

 

3. DEFINITIONS

 

For the purposes of these GTC, the following terms, whether used in the singular or plural, shall have the meanings set forth below:

- “ Fee ”: the fee owed by the Customer in exchange for the Company’s provision of the GARDIENOR Service.

- Existing Customer: any Customer who subscribed to the GARDIENOR Service prior to January 1, 2026, and whose contractual relationship remains governed by the previous billing and payment terms, unless the Customer expressly agrees to switch to the new system.

- “New Customer ”: any Customer who has subscribed to the GARDIENOR Service on or after January 1, 2026, and is governed by these annual billing and SEPA direct debit terms.

Existing Customers may, if they wish, opt to have these terms applied (establishment of a SEPA direct debit mandate, annual billing, electronic notifications) by signing an amendment or a new mandate, with no retroactive effect on periods already billed.

 

The distinction between existing and new customers is justified by the fact that for contracts entered into prior to January 1, 2026—since SEPA direct debit authorizations had not been collected and the billing method was different— it is technically not possible to automatically migrate to the new payment system without the customer’s consent or a modification to the contractual relationship. Furthermore, it is not possible to apply the rate change retroactively.

 

New customers therefore benefit from the new process from the outset, while existing customers may opt in upon request, without losing any rights; this explains the distinction between the different customer groups.

 

4. PROCEDURE FOR SUBSCRIBING TO THE GARDIENOR SERVICE

 

For each request to subscribe to the GARDIENOR Service when purchasing Products, the Customer must follow the procedure below:

 

- Create an account in accordance with the procedure set forth in Section 7.1 of the Terms and Conditions if logging in for the first time, or enter their username and password to log in to the website,

 

- Purchase Products on the Site,

 

- When selecting the order method, choose the GARDIENOR Service,

 

- Confirm the Order in accordance with the terms and conditions set forth on the Site.

 

Prior to confirming their subscription, the Customer must have read and accepted these General Terms and Conditions and the Privacy Policy by opting in, as indicated by checking the boxes provided for this purpose.

 

If the Customer wishes to begin using the GARDIENOR Service immediately, the Customer must waive their right of withdrawal by checking the box through which they expressly acknowledge that they are requesting immediate performance of the service and waiving their right of withdrawal, in accordance with Article L. 221-28 of the French Consumer Code.

 

After the Customer confirms their choice, their order remains accessible on the “My Orders” page under the Customer Account section, and a summary email is sent to them, including, in particular, their contact information, the order summary, and the storage fees.

 

Subscription to the GARDIENOR Service may be subject to certain additional conditions indicated on the Site at the time the Customer places the Order (in particular regarding a minimum order threshold).

 

Subscription also requires that the customer have a customer account, purchase eligible products, and select the storage option according to the proposed process; the Company reserves the right to refuse, suspend, or defer any subscription in the event of incomplete information, discrepancies, doubts regarding identity, suspected fraud, prior unpaid balances, failure to comply with regulatory obligations, operational unavailability of the service, or security risks.

 

5. CONFIRMATION AND VALIDATION OF THE GARDIENOR SERVICE SUBSCRIPTION

 

The Customer’s subscription to the GARDIENOR Service is not definitively confirmed and does not bind the Company until the Company has received validation of the subscription and the fourteen-day (14) calendar days, or, where applicable, upon the Customer’s waiver of the right of withdrawal under the terms of Article 15 below.

 

Unless proven otherwise, the data recorded by the Company at the time of this subscription constitutes proof of all transactions between the Customers and the Company.

 

The subscription is confirmed when the Customer receives a confirmation email from the Company.

 

6. SHARED VAULT – NO FREE ACCESS

 

The GARDIENOR Service is based on a shared vault system, operated by the Company or by a specialized partner, in which the assets of multiple customers can be stored within a highly secure shared infrastructure. However, the Customer’s assets remain identifiable by any appropriate means of traceability, including a seal, an identification number, a deposit reference, a certificate, or any other equivalent method selected by the Company.

 

The client has no exclusive right to a safe deposit box, compartment, cabinet, vault, or specific location. The GARDIENOR Service grants the customer exclusively a right to claim the proper performance of storage, return, or resale services under the contractually stipulated terms.

 

For reasons of security, insurance, regulatory compliance, and traceability, the customer has no key, no independent access code, and no right of direct physical access to the storage facility. The customer may not open the safe deposit box, freely handle the items, or demand immediate or discretionary access to them.

 

Any request for verification, inspection, withdrawal, return, resale, or transfer must be made exclusively in accordance with the procedures defined by the Company, which may make any such operation subject to verification of identity, compliance, security, payment, and operational availability checks, as well as compliance with reasonable technical deadlines.

7. TERMS AND CONDITIONS FOR THE STORAGE AND PRESERVATION OF PRODUCTS

 

7.1. Placement in Custody

 

After subscribing to the GARDIENOR Service and once the withdrawal period provided for in Article 15 has expired (unless waived), the products ordered on the Site are placed by the Company or by a specialized partner in a secure, sealed, and labeled envelope or package bearing the customer’s name, first name, and identification number of the customer, as well as a precise description of its contents, and then deposited in a safe deposit box held with a partner specializing in the secure storage of precious metals.

 

The Company guarantees that the Products purchased on the Site and placed in custody physically exist and are stored in a safe deposit box belonging to a partner specializing in secure storage on behalf of the Company.

 

As soon as these Products are deposited in the safe deposit box, the Company will send an invoice accompanied by its numbered certificate of deposit, as well as the detachable slip from the seal.

 

The customer acknowledges that the practical organization of storage, the choice of partner, the storage location, and the procedures for security, sealing, identification, and logistical rotation are the sole organizational responsibility of the Company, subject to compliance with contractual commitments and applicable legal obligations.

 

7.2. Inspection of Safes

 

For enhanced security reasons, the Customer is informed that they will not be able to personally and physically access their products in storage.

 

The Company has implemented a system for inspecting the safe deposit box or for having a bailiff verify the items held in safekeeping with the Company.

 

This service is subject to a fee. For more information, the Customer may contact the Company’s customer service department by email at the following address: gardienor@achat-or-et-argent.fr or refer to the fee schedule available on the Website.

 

8. CONTRACTUAL DOCUMENTS – ACCESS – ENFORCEABILITY

 

The GARDIENOR Service is part of a contractual framework consisting, as applicable, these General Product Conditions (GPC), the General Sales Conditions (GSC), the General Terms of Use (GTU), the subscription form or application, the order confirmation, the summary email, the invoice, the numbered deposit certificate, the seal slip, the current pricing schedule, the SEPA Direct Debit mandate for applicable customers, direct debit notices, the Privacy Policy, the withdrawal form, the termination form, as well as any document verifying identity, the source of funds, or compliance requested by the Company.

 

These General Terms and Conditions are intended to be reviewed prior to any subscription. Acceptance of these terms is evidenced, in particular, by the express confirmation of the subscription process.

 

9. CUSTOMERS BEFORE AND AFTER JANUARY 1, 2026

Customers who subscribed to the GARDIENOR Service before January 1, 2026, remain subject, with respect to their prior transactions and billing terms, to the contractual terms that were notified to them, unless they expressly agree to migrate to the new system.

Customers who subscribed on or after January 1, 2026, are subject to the new system, particularly with

annual billing and SEPA direct debit, as described in Article 10.

Existing customers may request to be covered by this new system by signing an amendment

a SEPA mandate or any other required document, with no retroactive effect on periods already billed.

10. FINANCIAL TERMS – FEES

 

10.1. General Principles

 

The security service fee (“Fee”), deposit fees, inspection fees, withdrawal fees, bailiff fees, and, more broadly, any ancillary services are due in accordance with the fee schedule in effect on the date of the order, subscription, renewal, or relevant service.

 

The rates for the GARDIENOR Service are available on the Website, particularly at the time of subscription. The Fee varies, in particular, depending on the type of products being stored, their weight, and the storage location, with a minimum charge per service or per order as indicated in the rate schedule.

 

The Company reserves the right to update its pricing terms at any time. The customer will be notified of such an update no later than one (1) month before the new rates take effect and may, in the event of refusal, terminate the GARDIENOR Service in accordance with the terms of Article 13; in the absence of termination, continued use of the service constitutes acceptance of the new rates.

10.2. Fees for customers who signed up before January 1, 2026

 

For existing customers, the Fee is calculated on a monthly basis, depending on the type of products, their weight, and the storage location, with a minimum of 5 euros per month, and remains payable on the date of termination or upon removal of the products, in accordance with the terms and conditions already notified to these customers.

 

In the event of non-payment of the fee, the Company reserves the right to retain the customer’s products under the terms of Articles 11 and 12.

 

10.3. Fee for New Customers (effective January 1, 2026)

 

For new customers, the following principles apply:

 

· Each order is subject to a one-time registration fee of 10 euros, payable upon issuance of the invoice and due at the time of the direct debit.

 

· Storage fees vary by country and the weight of the items stored, with a minimum of 5 euros per order.

 

· Any order placed in storage may not be withdrawn until three (3) full months have elapsed from the deposit date; any withdrawal must include all products comprising the order in question. Example: On January¹, 100 grams of gold are deposited. The withdrawal on April¹ must be 100 grams of gold. It will not be possible to withdraw only 50 grams of gold.

 

· The Fee is due on an annual basis and is payable via SEPA direct debit during the first half of January of year N, based on the assets in custody as of December 31 of year N–1, depending on the duration of storage and the applicable rates; a single annual invoice is issued for this purpose.

 

The detailed fee schedule (by country of storage, monthly rate per gram, minimums, inspection fees, withdrawal fees, bailiff’s fees, etc.) is set forth in the fee table published on the Website and may be injection forth above.

 

Service		France		Switzerland	Monaco
Create an account		Free
Commission on purchase/sale		Included in our buyback and sale prices
Safe storage*	Gold	€0.04/month/g		0.05 €/month/g	1.5% per year on the net asset value as of December 31, averaged over one year
		Minimum of 5 €/month/order
	Silver	0.005 €/month/g		0.006 €/month/g
		Minimum of 5 €/month/order
Shipping to France and the French Overseas Departments (excluding Guadeloupe and Saint Barthélemy)		View our shipping rates			Please contact us
International Shipping
Trunk Inspection		Free	€60 per hour		60 € / hour
Safe deposit box withdrawal fee		€10	20 €		50 €
Setup fee		€10	10 €		Free
Judicial Officer (Bailiff)		200 €	€350		€350

 

Example: A new customer places 3 orders on January 5, February 5, and March 5, for 100 grams of gold each time. They will be charged: 10 euros in deposit fees for each order (totaling 30 euros, since there are 3 deposits), and 5 euros per month for each order (totaling 5 × 12 (for the first order) + 5 × 11 (for the second order) + 5 × 10 (for the third order) = 165 euros. In total, the amount debited on the following January¹ will be 195 euros.

11. PAYMENT TERMS – DISPUTES – RIGHTS OF RETENTION / RETENTION OF TITLE

 

11.1. Payment Terms – Existing Customers

 

For existing customers, the Fee is due on the date of termination of the GARDIENOR Service or upon completion of orders. The Company will send the customer an email inviting them to pay the Fee via bank transfer or credit card, in accordance with the secure procedures described on the Website; the costs associated with these payment methods are the customer’s responsibility.

 

11.2. Payment Terms – New Customers (SEPA Direct Debit)

 

For new customers, payment of the annual Fee is made exclusively via SEPA direct debit from the customer’s bank account, in accordance with the SEPA mandate signed at the time of subscription.

 

An annual invoice, covering the period from January 1 to December 31, is issued during the first half of January, and the direct debit is processed during that same period, on the date indicated in the direct debit notice sent to the customer.

 

A pre-notification of the direct debit (SEPA pre-notification) is sent to the customer at least thirty (30) days before the scheduled debit date, specifying, in particular, the amount of the direct debit, the applicable annual period, the unique SEPA mandate reference, and the scheduled debit date. The customer agrees to keep their banking, mailing, and email contact information up to date and to report any changes no later than fifteen (15) days before the announced direct debit date.

 

In the event of a failed SEPA direct debit (rejection, insufficient funds, closed account, unjustified objection, or other cause of non-payment), the Company will initiate a collection procedure (first reminder, second reminder, followed by a formal notice) and may charge the customer a flat-rate administrative fee, in addition to the Fee due

 

11.3. Right of Retention – Retention of Title – Enforcement of Security Interests

 

In the event of default, persistent non-payment, outstanding fees, an overdue invoice that has not been settled, failure to respond to requests for documentation, or a material breach by the customer of its contractual or regulatory obligations, the Company may automatically suspend all or part of the GARDIENOR Service, including access to information, the return of products, withdrawal requests, transfer requests, or resale orders, until the Customer has fully complied with its obligations.

 

All provisions referred to in the preceding paragraph shall apply automatically, without prior notice, solely due to the failure to meet a single contractual deadline, and without prejudice to any damages the Company may be entitled to claim and/or the application of this section.

 

Subject to applicable mandatory provisions, the Company may retain the goods in its custody until all amounts due have been paid in full and may have the inventory of the goods in question recorded in the presence of both parties or by a bailiff, with the costs of the inventory, recording, transportation, additional storage, and legal proceedings to be borne by the customer.

 

Products purchased and placed in custody shall, where applicable, become the property of the Company until the customer has paid the total price in full, including custody fees and taxes. In this context, the Company may, at the customer’s expense, have the customer’s sealed envelopes deposited with a bailiff as security for any amount that may be due under these General Terms and Conditions and/or the applicable terms.

 

Where the contract or the specific terms and conditions so provide, and after compliance with the required formalities, the Company may apply, set off, withhold, sell, or realize all or part of the assets held in custody up to the amount of any certain, liquid, and due sums remaining unpaid, including principal, fees, taxes, interest, and incidental charges, without prejudice to any other remedies.

 

12. DELIVERY OF PURCHASED GOODS

 

For new customers or certain types of orders, no pickup may take place before the expiration of a period of three (3) full months following the date of order placement, and any pickup must include all products comprising the order in question.

 

Any return or delivery is subject to (i) full payment of the amounts due, (ii) verification of the requester’s identity, (iii) the resolution of any regulatory, probate, or legal issues, as well as applicable security and transportation requirements.

 

After cancellation of the GARDIENOR Service subscription in accordance with the terms of Article 13 and full payment of the fees due, the customer may request delivery of the products purchased online, as follows:

• pick up the products at a Godot et Fils Group store, after being notified by email of the products’ availability; a delivery receipt releasing the Company from liability must be signed by the customer;[DA1]
• delivery of the products to the address specified in the order or in the cancellation request, with risk transferring to the customer once the products leave the Company’s premises; in the event of damage during transport, a detailed complaint must be filed with the carrier within three (3) days of delivery. The customer bears the risks, costs, and consequences associated with any incorrect address, failure to pick up the products, absence at the time of delivery, or incomplete or inaccurate information provided by the customer.

 

 

13. TERM — TERMINATION OF THE GARDIENOR SERVICE

 

The subscription to the GARDIENOR Service is entered into for an indefinite term.

 

The Customer may terminate their subscription at any time, provided they give one (1) month’s notice by certified letter with acknowledgment of receipt sent to the Company or by email to gardienor@achat-or-et-argent.fr, specifying the information needed to identify them and their chosen method of refund.

 

The Company will effectively terminate the GARDIENOR Service within one (1) month of receiving the request and will send a termination notice to the Customer, who remains liable for the Fee due up to the date of termination in accordance with the terms of Article 10.

 

14. INDIVIDUAL CONTRACT – DEATH – NON-TRANSFERABILITY

 

The GARDIENOR contract is strictly personal and non-transferable. It may not be assigned, transferred, or made available to a third party, including the customer account, login credentials, certificates, deposit documents, and, more generally, any right to issue instructions regarding the products held in custody, except in cases provided for by law (inheritance, divorce, etc.).

 

In the event of the client’s death, the Company shall suspend all instructions until it receives and verifies the documents establishing the status and powers of the beneficiaries, heirs, notaries, estate administrators, or authorized representatives. Fees for safekeeping, custody, file processing, verification, inventory, or return remain due for as long as necessary to settle the estate, and the Company retains all of its contractual and legal rights over the assets held in custody until the estate is fully settled.

 

15. RIGHT OF WITHDRAWAL

 

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the consumer customer has a period of fourteen (14) days to exercise their right of withdrawal, without having to justify their decision or incur any penalties, in accordance with the terms specified in the General Terms and Conditions of Sale.

 

To be valid, the withdrawal must be made using the withdrawal form [DA2] or through an unambiguous statement sent to the Company by any means that allows for verification of the date and time of transmission.

 

If the customer wishes for the GARDIENOR Service to begin before the end of the withdrawal period, they must expressly request this at the time of subscription.

 

If the customer exercises the right of withdrawal after the Service has begun at their express request, the customer shall pay the Company an amount corresponding to the service provided up to the time their decision to withdraw was communicated, calculated on a pro rata basis based on the Subscription Fee.

16. PERSONAL DATA – GDPR AND COMPLAINTS

 

16.1. Personal Data

 

The customer’s personal data is processed for the purposes of order management, the provision of security services, billing, fraud prevention, operational security, compliance with legal and regulatory obligations, complaint management, and, where applicable, the defense of the Company’s rights. Detailed terms and conditions are set forth in the Privacy Policy available on the Website.

 

The customer may exercise their rights (access, correction, erasure, objection, restriction, portability, etc.) by writing to the Data Protection Officer’s dedicated email address: dpo@godotetfils.com.

 

All information regarding the Company’s collection and processing of the Customer’s personal data, as well as the use of cookies on the Website, is available in the Privacy Policy accessible at https://www.achat-or-et-argent.fr/charte-donnees-personnelles, which forms an integral part of these GTC.

 

16.2. Complaints

 

Any complaint regarding the GARDIENOR Service may be submitted to the following email address: reclamation@godotetfils.com, without prejudice to the Customer’s right to file a complaint with the competent supervisory authority.

17. REGULATORY COMPLIANCE – AML/CFT – SECTOR-SPECIFIC REQUIREMENTS

 

The Company may, at any time, request any document or supporting evidence necessary to identify the customer, verify the origin of the funds or metals placed in custody, to understand the economic nature of the transaction, and to comply with due diligence obligations regarding anti-money laundering and counter-terrorism financing, as well as to ensure the security of the service. Failure to respond, late submission of documents, or provision of inaccurate information may justify a refusal, suspension, or limitation of the GARDIENOR Service without any liability on the part of the Company in this regard.

 

The Company has established its procedures within a framework of enhanced compliance and integrity, consistent with industry standards and the objectives of applying for or aligning with the LBMA and ISO 37001 / ISO 37301, which justify the implementation of enhanced controls, traceability measures, increased documentation requirements, and appropriate internal security procedures.

 

The Customer is informed that he or she may not transfer the contract to a third party in any form (transfer of the customer account, identification codes, deposit certificate, or any other element related to the General Terms and Conditions, CPE, CPG), except in cases provided for by law (inheritance, divorce, etc.).

 

18. SUBCONTRACTING

 

The Customer expressly authorizes the Company to use subcontractors, including partners specializing in secure storage, to provide the GARDIENOR Service and, in this context, to disclose to them the necessary information and materials.

 

In the event of the closure, relocation, or bankruptcy of a specialized partner that owns the safe used for the safekeeping of the products, the Company reserves the right to implement a similar safekeeping solution with the same banking service provider or any other organization offering comparable services of the same nature.

 

19. LIABILITY

 

19.1. General Law

 

The Company assumes an obligation of means hereunder and may only be held liable in the event of proven fault on the part of the customer, for direct and foreseeable damages that are a direct consequence thereof. The following, in particular, are considered indirect damages that do not give rise to a right to compensation: any third-party claim against the customer or the Company, any loss of actual or anticipated profits, any loss resulting from a business interruption, and any damage to reputation.

 

The Parties expressly agree that the limitations on liability set forth in this section shall continue to apply even in the event of termination of the Contract.

 

19.2. Force Majeure

 

Any event beyond the reasonable control of a Party and/or its subcontractors, and against which it could not have taken precautions, constitutes a force majeure event that suspends the Parties’ obligations, under the conditions defined by law and case law (examples: strike, technical failure, operator failure, interruption of power supply, failure of the electronic communications network).

 

In the event of force majeure, the contract shall be suspended for a period of thirty (30) days, during which the parties shall seek an alternative solution; in the absence of an agreement, the contract may be terminated or rescinded as of right, without compensation.

 

Neither Party shall be held liable, or deemed to have breached this Agreement, for any failure to perform resulting from a force majeure event as defined by French law and case law, provided that it notifies the other Party (i) and that it makes every effort to minimize the damage and fulfill its obligations as soon as possible after the force majeure event has ceased (ii).

 

20. CORRESPONDENCE – EVIDENCE

 

Unless otherwise specified herein, correspondence between the parties shall be conducted via email through the Site or to the address provided by the customer.

 

Pursuant to the provisions of the Civil Code and, where applicable, the Commercial Code, the parties agree that information provided via email shall be deemed authentic between them, unless proven otherwise in writing. Information regarding the date and time of transmission or receipt, as well as the quality of the data received, shall be deemed authentic as recorded in the Company’s information systems, unless the customer provides evidence to the contrary.

 

 

21. UPDATES TO THE GTC – ENTIRE AGREEMENT – INVALIDITY – HEADINGS – DISPUTES

The Company may amend these Terms of Service and the documents to which they refer at any time. Any amendment will be communicated to the customer at least fifteen (15) days before it takes effect; a customer who rejects these amendments may terminate the GARDIENOR Service in accordance with the terms of Section 13, failing which the new Terms of Service will automatically apply to the customer.

 

These Terms of Service constitute the entire agreement between the customer and the Company regarding the GARDIENOR Service and supersede any prior or subsequent document or correspondence, except for an amendment signed by the parties. If any provision is declared invalid by a final decision, the remaining provisions shall remain in effect, and the Company undertakes to replace it with a valid provision having equivalent effect. In the event of any conflict between a heading and a provision, the heading shall be deemed unenforceable.

In the event of a dispute, the consumer Customer may submit a written complaint to reclamation@godotetfils.com

 

If the dispute with the Company persists despite the written complaint, the consumer Customer may submit a written request, free of charge and without prejudice to any subsequent referral to a competent court, to the following mediation service: Institut d’Expertise d’Arbitrage et de Médiation (“IEAM”), an association under the French Law of 1901, with its headquarters at the Palais du Tribunal de Commerce de Paris, 1 quai de la Corse – 75004 Paris.

 

The consumer Customer must refer the matter to the mediator within a maximum period of one (1) year from the date of their written complaint to the Company.

 

In addition, the European Commission has established an online dispute resolution platform designed to collect any consumer complaints arising from an online purchase and forward them to the appropriate national mediators. This platform is accessible at https://ec.europa.eu/consumers/odr.

 

For any transaction with a merchant, any disputes arising from the interpretation and/or performance of these terms shall be submitted to the competent courts of Paris, to which jurisdiction is expressly assigned, with French law being the sole applicable law.