Terms and Conditions of Sale
Please Read Carefully – by placing your order with Silver Gold Bull you are agreeing to the following terms and conditions
IN CONSIDERATION of the obligations herein expressed and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
“Agreement” means your order received by us and incorporates by reference these Terms and Conditions 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 SGB 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 in Canada.
“buyer" shall be the individual, corporation, limited liability company, limited liability partnership, partnership, or other business or trust entity purchasing bullion from SGB (hereinafter "buyer", "you" or "your").
“cancellation fee” means the FIFTY dollar ($50.00) administrative charge added by us to every order where you have not complied with the requirements for payment as set out in Section 4 of this Agreement. This cancellation fee is in addition to any other funds owed to us by you,including but not limited to those funds pursuant to Section 9 hereof.
"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.
“FINTRAC” means the Financial Transactions Reports Analysis Centre of Canada.
“market value” means the value of a certain bullion product as determined by the trading of same on certain markets and as acceptable to us in 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 SGB 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.
"returned payment" refers to payments retracted after having been submitted to SGB. This can include, but is not limited to, cancelling; cheques, bill payments and credit card payments.
"seller" shall be Silver Gold Bull, it's members, directors, officers, employees, agents, heirs or assigns (hereinafter "SGB", "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. 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 apply customs fees, import duties, taxes and 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 that of SGB.
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 and or jewelry.
You agree that you shall submit full payment within three (3) business days and that SGB 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 S. 9.1 Order Liquidation.
All payments must be made in USD or Canadian dollars, 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.
4.1 NSF/Returned Payment Statement
Customers are asked to contact SGB's 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, SGB will automatically add a $25 charge to the customer account as an administration and processing fee.
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. Our failure to send and/or your failure to receive either or both of these email(s) does NOT invalidate or otherwise cancel your order with us; you are still required to pay for your order in accordance with Section 4 hereof.
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.
6. Credit Card Information to Secure Payment and Charges for Unpaid Orders
6.1 You agree to provide your credit card information to secure the payment of your order where you are placing an order with us:
(1) for the first time; and/or
(2) with a value of TWO THOUSAND ($2,000.00) dollars or greater.
6.2 We will not process a charge to your credit card if you pay us in accordance with Section 4 hereof. However, if you fail to pay us in accordance with Section 4, we reserve the right to involuntarily liquidate your order, pursuant to Section 9 hereof, at our sole discretion, without any further notice to you and you hereby agree that we do not require any permission from you to effect such liquidation.
6.3 Where we liquidate your order under Section 6.2 hereof and the value received for the liquidation of your order is less than the amount you owed to us for such order, such difference in value received by us and the cancellation fee shall be charged to your credit card in accordance with the credit card information provided to us under Section 6.1 hereof.
7. Record of Order and Related Information
You agree and consent that we may maintain the records comprising your order and related information 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 applicable to our purchase of your bullion products, as amended from time to time, are found 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, in 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 cancellation fee plus 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 the applicable cancellation fee(s). 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, in 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 cancellation fee(s).
Where, after all your unpaid order(s) and applicable cancellation fee(s) 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 SGB reserves the right to employ the services of a collection agency should cancellation fees remain unpaid for a period exceeding 90 days. Customers wishing to avoid such an issue should contact customer support before the 90 day period expires in order to reach a solution.
10.1 Shipment Time
10.1.1 Within ten (10) business days from when we receive payment in full for your order (unless the clearing time applicable to your method of payment exceeds ten (10) business days), we will ship your order to you, 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.
10.1.2 If we are unable to comply with the shipment time provided to you under Section 10.1.1 hereof, we will endeavour 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 thirty (30) 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. 2(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.
10.3 Shipping method
We reserve the right to substitute a different shipping method other than that which you selected on you 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 and 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 a 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.
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 Cancel Any Order
We reserve the right to cancel any order at any time for any reason. If we exercise this right, we will cancel your order, including the shipment of same, and we will notify you and refund to you all monies you may have paid to us pursuant to such order, less any costs and/or fees associated with cancelling your order, as may be applicable.
11.4 Right to Require Payment by Bank Wire Transfer
We reserve the right to require any payment by bank wire transfer.
11.5 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.
11.6 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 payments(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.
11.7 Right to Hold Monies and Shipments to comply with FINTRAC and the law
(1) If you are, or if you appear to be, sending to us multiple payments or other payment(s) that, in our sole discretion, may require us to report such payment(s) to FINTRAC or take other steps in order to comply with applicable law, we reserve the right to hold any and all such payments and to withhold shipment of the related order(s) in our sole discretion until you provide us with all the information as we may require, to our sole satisfaction, in order to comply with FINTRAC and/or applicable law.
(2) We hereby reserve the right to involuntarily liquidate, cancel and/or rescind any order where we are unable to obtain and/or to verify any information required by us pursuant to Section 11.7(1) hereof.
11.8 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.
11.9 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.
This Agreement shall be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable therein and the parties hereto irrevocably attorn to the exclusive jurisdiction of the Courts of Alberta.
Time shall be of the essence of this Agreement.
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.
If any term, covenant or condition of this Agreement or the application thereof to any party or circumstances shall be invalid or unenforceable to any extent, the remainder of this Agreement or application of such term, covenant or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term, covenant or condition of this Agreement shall be valid and shall be enforceable to the fullest permitted by law.
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.
The parties acknowledge and agree that any payment of monies required to be made hereunder shall be made in Canadian or USD funds.
SGB 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. SGB reserves the right to activate and deactivate new and existing coupon codes, from time to time, as it sees 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.
SGB 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, SGB will match it to the penny. Available only on orders placed via telephone.
Silver Gold Bull reserves 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.