Our Terms of Sale
By placing your order with us you are agreeing to the following terms and conditions.
1. Definitions
"Agreement" means your order received by us and incorporates by reference these General Terms of Sale.
"applicable law" means the statutes, rules, regulations, and any other law of every kind and nature as adopted and/or amended in any applicable jurisdiction from time to time.
"bullion product" means the minted commodity of pure rare, precious or noble metal that we shall now or may hereafter offer for sale to buyers in its ordinary course of business. "New" bullion refers to newly minted, current year and uncirculated products, although these may exhibit scratches, dents, tarnish or other blemishes obtained during or after the minting process. "Used" bullion refers to current or non-current year products which may exhibit scratches, dents, tarnish or other blemishes. The value of bullion products is unaffected by physical condition.
"business days" means the normal work days Monday through Friday inclusive, and does not include Saturdays, Sundays, and federal statutory holidays.
"buyer" shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing bullion from us (hereinafter referred to as "buyer", "you" or "your").
"carrier" means the relevant company delivering your order(s). The carrier may be Canada Post, FedEx, or such other carrier as may be used by us from time to time.
"clearing time" means the time period from when your payment in full is received by us and when such payment can be verified. The duration of this clearing time is determined based on the method of payment used by you and may be amended from time to time at our discretion. Current clearing times can be found here.
"credit card information" means the credit card number, expiry date, CSV and the name on the relevant credit card supplied by you.
"market value" means the value of a certain bullion product as determined by the trading of the same on certain markets and as acceptable to us under our sole discretion at a particular time and date.
"method of payment" means those methods we make available to you to pay us for your order, as may subject to certain terms and conditions and may be changed at our sole discretion from time to time.
"NSF" means Non-Sufficient Funds and occurs when payments are made to us without adequate funds in the account which the instrument is drawing on.
"order" means your verbal or electronic request to us for a certain quantity of a certain bullion product for a certain price at a particular time and date, as agreed to by us in our sole discretion.
"liquidation" means the conversion of your bullion product(s) to cash, and is undertaken by us in the event of a voluntary liquidation (Buy-Back) or an involuntary liquidation of your order.
"market loss" occurs when the market price at the time of liquidation is lower than the original purchase price and is calculated by the difference in market values.
"returned payment" refers to payments retracted after having been submitted to us. This can include, but is not limited to, cancelling; cheques, bill payments and credit card payments.
"seller" shall be Silver Gold Bull, its members, directors, officers, employees, agents, heirs or assigns (hereinafter referred to as "we", "us" or "our") that are duly authorized to deal in bullion.
2. Bullion Market Price and Availability Change Constantly
The parties hereto agree that the bullion products we offer for sale are commodities traded on various markets, and that the market price and availability of such bullion change constantly in accordance with market forces and supply and demand. We reserve the sole and absolute discretion to set the sale and buy-back prices for all products and bullion offered by us.
3. Placement of Bullion Order Creates Binding Legally Enforceable Agreement - NO CANCELLATIONS!
We are a leading bullion dealer in the bullion market and need to maintain our good name and competitive position. As such, we are entitled to and will rely on your verbal or electronic promise to pay us for your bullion order. In furtherance of this, once you have placed a bullion order with us, either over the telephone or through our website, you create a binding legally enforceable agreement to pay for your bullion product order.
Once you've placed your order, we do NOT allow any cancellations by you before you have paid in full for your order. The bullion products we offer are considered as a category of goods set forth in Section 312g.(2).(8) of the German Civil Code, that is, products whose price is dependent on fluctuations in the financial markets and of which the company has no control and for which no statutory right of withdrawal exists in the case of distance selling contracts. Once you have paid for your order in full, we will happily buy-back your bullion product(s), in accordance with Section 8 hereof.
By accepting the terms of sale, International Customers acknowledge that the customs office of the destination country may require information or documents from international customers, and may apply customs fees, import duties, taxes as well as other charges in accordance with that country's applicable tax law. International Customers furthermore acknowledge that any such surcharges will be their own responsibility and not ours.
International Customers are encouraged to contact their local tax authority for more information regarding any and all surcharges they might be forced to incur upon taking delivery of their bullion, bullion accessories, diamonds, or jewelry.
4. Payment
You agree that you shall submit full payment within three (3) business days and that we shall receive full payment within eight (8) business days of placing such order by using one or more of our methods of payment. Such payment must include the full amount owing to us, including but not limited to, payment for the bullion product(s), shipping and handling, and any transaction and/or other fees, as applicable. Should any delays or payment issues be encountered, as happens from time to time, you are required to contact our customer support to inform them of said issues in order to guarantee pricing. Failure to notify us of payment delays could result in Order Liquidation as per Section 9.1.
All payments must be made either in US Dollars, Canadian Dollars, British Pounds, Australian Dollars or Euros, as indicated on your order.
Upon our receipt of your payment, in full, we will hold your payment and your bullion product(s) ordered for the clearing time applicable to the method of payment(s) used by you. Once your payment has been verified and upon expiration of the relevant clearing time, your order will be released for shipment to you.
NSF/Returned Payment Statement
Customers are asked to contact our support staff should any issues arise in the course of making payment for outstanding orders. Should payments be found to be NSF or should we learn of a returned payment, initiated by the buyer, we will automatically add a USD 25 charge to the customer account as an administration and processing fee. However, the other party will be entitled to prove that no damages or value reduction have occurred or that it is significantly lower than the above mentioned rate.
5. Order Confirmation and Invoice
Once you have placed your order, either over the telephone or electronically, we will endeavour to send you a confirmation and an invoice by email for same.
You agree to take all steps necessary, including but not limited to updating any address books and/or adjusting spam or junk-mail filters, to ensure that you can receive emails from us in a timely manner, complete with any attachments, in furtherance of this Agreement.
7. Record of Order and Related Information
You agree and consent that we may maintain the records comprising your order and related information, respecting the applicable data protection legislation, for our purposes, including but not limited to, in order to verify the terms of such order, to aid in staff training, for audit and/or quality control purposes, in order to comply with any laws as now exist or may hereafter exist, and/or for any other reason reasonably related to our business purposes.
8. Buy-Back Policy (Voluntary Liquidation)
We are always interested in buying and selling bullion products. Our Buy-Back policy (also called a voluntary liquidation), provides a market for your fully paid bullion product order.
At any time after you have fully paid your bullion product order, even before we have shipped it, you can choose to sell your bullion product order back to us at the market rate for such buy-backs at that time. Please contact us to discuss the buy-back of your paid bullion order. The terms and conditions are applicable to our purchase of your bullion products, and these may be amended from time to time at our discretion, especially due to changes in the statutes, the legal precedents, the economic circumstances or other equivalent reasons. Such changes require the consent of the customer. Find more information here.
9. Involuntary Liquidation Policy
9.1 Unpaid order
Should you fail to pay for your order as required pursuant to Section 4 hereof, we reserve the right to liquidate your order for market value at the time of such liquidation, under our sole discretion. We are under no obligation to take any steps or to refrain from taking any steps, in order to or in an attempt to maximize market value for your order and we take no responsibility for same. You remain responsible for the full value of your order as agreed to at the time such order was placed by you. This responsibility includes, but is not limited to, your responsibility to pay us the difference in value, in the event that the market value of your unpaid order is less than what you agreed to pay at the time of placing your order. The credit card information provided by you pursuant to Section 6.1 hereof will be used by us to charge you for any amounts owing to us pursuant to this Section 9.1.
If the market value of your unpaid order is greater than you had promised to pay for such order, any such gains remain our property.
9.2 Multiple Orders
Where you have placed more than one order with us and have paid for one or more of the order(s) but also fail to pay for one or more of such order(s) in accordance with Section 4 hereof, any shipment of the paid order(s) may be held at our discretion until payment in full is received in accordance with Section 4 for all orders and any applicable market loss. At our sole discretion, we may elect to apply the money received by us for your paid order(s) and/or the bullion product(s) comprising your paid order(s) against any payment(s) due and owing to us on account of your unpaid order(s). If, after exercise of any such election(s) by us, you still owe us any amount, we may, under our sole discretion, involuntarily liquidate any remaining bullion product(s) in the quantity required by us, acting reasonably, in order to ensure that we are paid in full for all your orders and the applicable market loss. Where, after all your unpaid order(s) and applicable market loss are paid to us, any of your order(s) or portions thereof remain due and owing to you, you may elect to receive shipment of such order(s) or portions thereof so remaining, or to receive payment in the amount of the market value for same, refunded by cheque.9.3 The determination of any loss or gain of value on all or part of your order for the purposes of this Section 9 is calculated as the difference between the price you agreed to pay for such bullion product(s) at the time your order was agreed to by us, and the market value of same obtained by us as at the time of liquidation pursuant to this Section 9.
9.4 Should you wish to reinstate your order(s) once involuntary liquidation has occurred, contact Customer Support. Your order(s) will be reinstated at original pricing, or current pricing, whichever is higher at the time of reinstatement. Reinstatement of your order(s) will waive applicable outstanding market loss. You will be required to provide valid credit card details for this service, or to place any future order with us in accordance with Section 6.1.
10. Shipping
10.1 Shipment Time
10.1.1 Within five (5) business days from when we receive payment in full for your order (unless the clearing time applicable to your method of payment exceeds five (5) business days, or your order is subject to exceptions), we will pack your order, subject to bullion product availability. From time to time, the shipment time of your order may be delayed for reason(s), including but not limited to, reductions in our inventory as a result of increased demand for certain bullion products and/or the reduced supply available to us of same. We will endeavour to update our website with any delays applicable to particular bullion product as may arise from time to time. When a product or order is subject to a delayed shipping time, this information will be included on our website and your order confirmation email.
10.1.2 If we are unable to comply with the shipment time provided to you under Section 10.1.(a) hereof, we will endeavour to notify you of same as soon as reasonably possible. Upon receipt of such notice, you may elect to:
(1) accept the new shipment time provided by us, which new time shall not exceed an additional ten (10) days; or
(2) request that we buy-back your order pursuant to Section 8 hereof.
10.1.3 If we are unable to ship your order within the new shipment time estimated under Section 10.1.(b).1 hereof, then after this new time has passed, we will buy-back your bullion order pursuant to Section 8 hereof and remit payment to you for the value of:
(1) the voluntary liquidation; or
(2) your payment for your order, including any shipping fees paid by you, whichever is greater.
10.2 Credit for late receipt (where applicable only)
At our sole discretion we may issue you a coupon for the cost of shipping if your package is late. The determination of whether a package is late is at the discretion of the relevant carrier. Any coupons issued hereunder shall be in a form and subject to such terms and conditions as determined by us in our sole discretion. Special orders, orders with exceptions or preorders are excluded from credit, since we are not liable for any delays caused by third parties; these include: mints, suppliers, carriers, customs etc.
10.3 Shipping method
We reserve the right to substitute a different shipping method other than that which you selected on your order. Where the actual shipping method costs less than the method of shipping you had selected we will issue you a coupon for use with us, subject to such terms and conditions as determined by us in our sole discretion.
10.4 Shipping options
We will insure the full value of your shipment to the address provided when your order was placed, or to an address accepted by PayPal. Your signature is required to receive delivery. Should you choose to re-direct your order to be shipped to any other location and/or to waive the requirement for a signature, you agree to incur all risk and liability associated with such order.
10.5 Damaged shipments
A signature is required on each shipment, indicating that the package is received in acceptable condition. If your package shows evidence of damage, repairs, or having been opened and re-sealed, refuse to sign and refuse to accept the shipment. Instruct the carrier to return the package to sender, and contact us immediately to report the issue. Accepting and signing for a damaged package voids insurance, and any losses or damages to product will not be covered.
10.6 Undelivered shipments
If the estimated delivery date provided by the carrier has been exceeded and you still haven't received notification, contact us first. Only the shipper can initiate a trace and resolve the issue with the carrier.
11. Reservations of Right
In addition to the other rights contained in this Agreement, we reserve the following rights unto ourselves, to be exercised in our sole and absolute discretion:
11.1 Right to Refuse Service to Anyone
We reserve the right to refuse service to anyone.
11.2 Right to Correct Errors in Orders
We reserve the right to correct any typographical or clerical errors or omissions in any order. We will make a good faith effort to notify you of any such corrections to your order.
11.3 Right to Require Payment by Bank Wire Transfer
We reserve the right to require any payment by bank wire transfer.
11.4 Right to Change Terms and Conditions of Sale
We reserve the right to change any terms and conditions of sale at any time without any further notice. We reserve the right to change our General Terms of Sale for important reasons, including, but not limited to changes in the statutes, the legal precedents, the economic circumstances or other equivalent reasons. Such changes require the consent of the customer.
11.5 Right to Accept or Reject Any Late or Defective Payment(s)
We reserve the right to:
(1) accept any late or otherwise deficient payment(s) including but not limited to liquidation payment(s); and/or
(2) reject any late or otherwise deficient payment(s), including but not limited to liquidation payment(s),
at any time in our sole and absolute discretion.
11.6 Obligations toward the Money Laundering Act
We comply with our obligations arising from the German Money Laundering Act. Within this context, we reserve the right to conduct identity checks and recordings in individual cases.
11.7 Right to Hold Payment
We reserve the right to hold any payment until it is verified and cleared and/or the customer has communicated with us and submitted a valid Credit Card on all first time orders. This is done solely in the interest of fraud prevention and all holds are removed promptly upon the completion of the above conditions.
11.8 Computation of Time Period
Unless otherwise expressly stated herein, the first day for computing any applicable time period shall be the first business day following the placement of the relevant order.
If the last day of the time period falls on a day other than a business day, then the last day of a time period shall be the next business day thereafter.
12. Applicable Law, Jurisdiction and Other Provisions
These General Terms of Sale and all legal relations of the Parties are subject to the laws of the Federal Republic of Germany. The choice of law shall not affect the enforcement of tort claims and the possible applicability of mandatory consumer protection legislation under the laws of the State in which the costumer has its habitual residence.
If the customer is a merchant, a legal entity under public law or public fund, the exclusive jurisdiction for disputes arising from these General Terms of Sale and all legal relations of the Parties shall be at the place of our registered offices in Berlin, Germany. We are however entitled to sue the customer at its place of habitual residence.
This Agreement constitutes the entire agreement between the parties hereto and the parties acknowledge and agree that there are no covenants, representations, warranties, agreements or conditions expressed or implied, collateral or otherwise forming part of or in any way affecting or relating to this Agreement save as expressly set out in this Agreement.
This Agreement may not be altered or amended in any of its provisions, except where any such changes are reduced to writing and executed by the parties.
No consent or waiver, express or implied, by either party to or of any breach or default by the other party in the performance by the other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such party hereunder. Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder.
Mention in this Agreement of any particular remedy of a party in respect of a default by the other party does not preclude the first party from any other remedy in respect thereof, whether available at law or in equity or by statute or expressly provided for in this Agreement. No remedy shall be exclusive or dependent upon any other remedy, but a party may from time to time exercise any one of more of such remedies generally or in combination, such remedies being cumulative and not alternative.
This Agreement shall endure to the benefit of and be binding upon the successors and assigns of each of the parties.
13. Coupons and Discounts
We will, for promotional and customer reward purposes, periodically have coupon codes available for customer use on orders. Unless otherwise stated, coupons will be valid until the stated expiration date or quantity threshold has been met. We reserve the right to activate and deactivate new and existing coupon codes, from time to time, as we see fit. Should customers have any concerns regarding a specific coupon they are encouraged to call our toll free number and speak to a member of our Support staff. All coupons and discounts are priced in Canadian dollars and converted to all other currencies at current market exchange rates.
14. Best Price Guarantee
We will match any Canadian competitor's advertised all in price on any product we sell. All in pricing means the price after the respective competitors shipping and insurance charges have been added to their listed price. Should the competitor's price still be lower, we will match it to the penny. Such service is only available on orders placed via telephone.
We reserve the right to suspend its Best Price Guarantee during times of extreme market volatility and supply disruption. This is done only to ensure sustainability during times of otherwise high market risk and a resumption of the Best Price Guarantee will follow as soon as markets have themselves resumed normal trading.
15. Statute of Limitations
Until full payment of the order, we reserve the title and property to the goods delivered.
16. Spot Alerts
Our spot prices are updated every 60 seconds, throughout the day, to reflect live global markets. As such your alert could trigger at any time day or night. This alert does not constitute a locked spot price for buying or selling, nor any type of recommendation for action of any kind. This service is provided for purely informational purposes. We do not warrant the accuracy or completeness of information through this service and it is not a substitute for the customer's own monitoring of the market. Your carrier plan's SMS or Phone message rates may apply.
The customer acknowledges that the customer is solely responsible for all monitoring and for all investment and other decisions based thereon.
It is expressly understood that, like all services, this service is subject to delays and to failures that are beyond our control. There can be no assurance that the service will be in continuous operation or not suffer some malfunction.
We have no liability for any market gain or loss, or any other liability, that the customer may incur, as a result of, or in connection with, the service (all of which are the sole responsibility of the customer).