These Terms and Conditions require your immediate attention and should be read in their entirety. If you do not understand any part of these Terms and Conditions you should consult your accountant, lawyer or other professional advisors.
Terms of Access
This website is owned and operated by GoldSilverBullion Pty Ltd (ABN 21 815 199 757) ("GSB"). The material on this website is copyright © 2009 to GSB, unless otherwise disclosed. This website is available for you to access, conditional upon your acceptance, without alteration, of the Terms and Conditions set out below. By continuing to access this website and in the event of ordering Goods through GSB, you agree and consent to the Terms and Conditions contained herein (as amended from time to time).
Terms and Conditions
1. General
1.1 You acknowledge and agree that these Terms and Conditions apply to all interactions and transactions between you and GSB.
1.2 You acknowledge that any transaction between you and GSB is purely for the supply of Goods or Services that you have requested GSB to provide to you and that GSB has not provided you any with advice in relation to such Goods or Services or recommendation, expressly or impliedly, financial or otherwise.
1.3 You acknowledge that you have read and understood these Terms and Conditions in their entirety, including (without limitation) the Disclaimers contained in clause 8, and that you have been given the opportunity to obtain legal advice prior to accessing this website.
1.4 GSB reserves the right to change these Terms and Conditions, this website and other polices at any time and from time to time. Revised Terms and Conditions will be made available on this website and you are responsible to review Our Terms and Conditions from time to time to check for updates.
2. Terms and Conditions of the supply of the Goods and Services
2.1 All Orders shall follow the following Process:
2.1.1 You place an Order via this website which will require your Payment and your Delivery Address. Once you submit your order via the "Submit Order" prompt, this shall constitute a binding and irrevocable offer by you to purchase the Goods for the Price on these Terms and Conditions. You will then be required to complete an Anti-Money Laundering Form and you will be advised of the necessary identification documentation required (see Clause 4 for further details)
2.1.2 Upon receipt GSB will review your Order to determine if you satisfy GSB's Terms and Conditions.
2.1.3 If GSB accepts the Order, the Charges will be processed and you will be notified of GSB's acceptance via your Details. GSB will then transport the Goods to you in accordance with the Delivery Policy (see Clause 7)
2.2 In the event that your Order is not accepted you shall be notified in writing via your Details.
2.3 Once you submit your Order you will not have the right to vary or cancel your order in whole or part.
2.4 The Goods are, in the case of gold, 24 carat gold bullion bars of approximately 99.9% purity and, in the case of silver, silver bullion bars of approximately 99.9% purity.
2.5 GSB will accept telephone orders for the Goods only via the official GSB telephone number 1300 852 329. Once Your telephone order is received GSB will advise of the necessary identification procedures which You must abide pursuant to Clause 4. Your order will then follow the process outlined in sub clauses 2.1.2 - 2.4.
3. Exchange and Refund Policy:
3.1 You acknowledge that GSB will use its best endeavours to satisfy your Order, however due to the nature of the market for the Goods and the technology relied upon by GSB you do not hold GSB liable for any failure to complete or any delay in completion of your Order.
3.2 GSB reserves the right to adjust your Order, in the event that, without limitation, incorrect market data, incorrect Pricing or Order particulars are provided.
3.3 If the Goods are unavailable following the processing of your Order, GSB may at its sole discretion:
3.3.1 Purchase the Goods from an alternate source and provide them to you within a reasonable period; or
3.3.2 Notify you that the Order is cancelled and hold the balance of the Price as a credit in your name; or a full refund will be provided and credited to the clients nominated bank account.
3.3.3 Deliver to you an amount of Goods less than that specified in the Order and hold the balance of the Price as a credit in your name; or
3.3.4 In the event that GSB is unable to satisfy your Order or part thereof GSB will arrange alternative Goods, a back order or a full refund in consultation with you.
3.5 GSB shall notify you in writing of its election made under clause 3.3.
3.6 You acknowledge that GSB may provide commissions or benefits to third parties who introduce you to GSB, whether or not such introductions result in an Order. You understand that all third parties, unless otherwise disclosed are not agents of GSB and you acknowledge that their views, opinions, actions or representations are not those endorsed by GSB, and GSB takes no responsibility for such views, opinions or representations.
3.7 If you receive Goods different to that which you have ordered you must contact GSB via email, phone or mail correspondence at the earliest opportunity. GSB will provide you with instructions as to the appropriate course of action to rectify a disputed delivery.
4. Identification Requirements
4.1 In order to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 GSB is required to obtain certain information before processing a bullion transaction.
4.2 If you refuse or are unable to supply the necessary information within ten (10) business days of opening your account GSB reserves the right to close your account.
4.3 Consumer Accounts:
4.3.1 You must supply GSB with a certified copy of a current State or Territory Driver Licence, Passport (Australian or foreign) or a State or Territory Proof of Age card.
4.3.2 If You are unable to comply with clause 4.3.1 you must supply GSB with a certified copy of the following:-
4.3.2.1 A State or Territory birth certificate, a certificate of citizenship or a pension card issued by Centrelink.
4.3.2.2 A utilities bill issued within the preceding 3 months which displays your name and residential address.
4.4 Commercial Accounts:
4.4.1 You must supply GSB with a certified copy of the company registration, a copy of the Articles of Incorporation or Constitution, ABN and ACN details, recent financial statements including balance sheet and profit loss statement and bank statements for the preceding 3 months.
4.5 For the purpose of verification, GSB will accept certified documents from the following occupations only: Justice of the Peace, legal practitioner, Magistrate, Notary Public, Police Officer, Authorised Representative of a holder of an AFSL, Chartered Accountant or CPA. All documents must be in English and mailed to the address supplied by GSB.
4.6 You agree to allow GSB to take all reasonable steps to verify your identification details.
5. Price
5.1 The Price displayed on this website changes from time to time and is not binding on GSB until such time as GSB's acceptance of an Order is communicated to you in accordance with clause 2.
5.2 GSB advises that the currency charged for all transactions will be in Australian Dollars (AUD). All prices listed within this website are in AUD unless otherwise stated.
5.3 GSB does not accept liability for any error in a Price specified on this website or otherwise communicated to you or any third party.
5.4 You agree to be bound by the Charges, including the Price, specified in your Order.
5.5 Charges, including those of Delivery, are in addition to any Price and will be contained in your Order.
5.6 The Price is specified as exclusive of GST (as per the meaning in the A New Tax System (Goods and Services Tax) Act 1999) and you acknowledge that such amounts shall be payable by you in addition to the Price.
6. Receipt of Payment
6.1 GSB will not process your Order for delivery until the entire amount owing by you is received. GSB will only accept the methods of payment outlined below:
6.2 Credit Card Payment
6.2.1 BM accepts Visa Card and Master Card
6.2.2 The following surcharges apply to credit card payments 1.58%. This surcharge is included in the price of the bullion quoted and is not an additional charge.
6.2.3 For security purposes all credit card transactions are limited to $50,000.
6.2.4 Your order will only be processed once any outstanding funds related to your order are cleared.
6.3 Electronic Funds Transfer (EFT)
6.3.1 GSB will accept EFT from your account to the GSB bank account pursuant to the account details supplied to you. You are required to quote your customer number provided to you as a reference when utilising EFT to ensure we can accurately identify your payment.
6.4 Cash and Cheque Payments
6.4.1 All cash payments must be paid directly into GSB's bank account as per the supplied account details.
6.4.2 All personal, business and bank cheques must be made payable to "GoldSilverBullion Pty Ltd" and delivered to the supplied postal address. Orders will not be processed until such time as the cheque has cleared.
6.5 GSB advises that failure by you to pay the balance of your purchase within the time frame advised to you by GSB will result in forfeiture of any deposit paid.
7. Delivery Policy
7.1 We will arrange Delivery of your Order from the Distribution Centre to your nominated Delivery Address.
7.2 Delivery can be made by the following options, Air Express or via Security Transport (Armaguard). Should you select Security Transport GSB will only Deliver to the following types of Delivery Address:
7.2.1 A Bank;
7.2.2 A Private Vault; or
7.2.3 The reception area of a business address at which at least 2 people are employed and present.
7.3 You will be advised of the anticipated date of Delivery with 48 hours notice and you must be available to take possession of the Goods from the Carrier at this time.
7.4 To take possession of the Goods from the Carrier:
7.4.1 You must be personally present at the Delivery Address, produce valid photo identification and sign for the Goods in front of a witness over the age of 18 years who has also produced valid photo identification ; or
7.4.2 GSB must receive a completed Delivery Nomination Form at least 2 clear Business Days prior to Delivery and the Nominated Person must be personally present at the Delivery Address, produce valid photo identification and sign for the Goods in front of a witness over the age of 18 years who has also produced valid photo identification.
7.5 If Delivery does not occur as a result of you or your Nominated Person not being available to receive the Goods or that the Delivery Address is not identifiable, open or accessible, the Goods may be returned to GSB's agents. GSB will then contact you to attempt to arrange Delivery again on as many occasions as may be necessary and GSB reserves the right to charge you a reasonable fee to cover redelivery charges and any other associated charges. You consent to such redelivery fees and charges being debited from any Account Details provided by you to GSB.
7.6 If Delivery is not able to be made within 5 attempts, GSB may at its sole discretion cancel your Order, retake title in the Goods and refund you the lesser of the Price at the time of your Order or the market Price at the time of cancellation, minus any Delivery (including redelivery) fees and charges.
7.7 GSB will arrange for the Carrier to make Delivery within approximately 4 to 6 weeks of processing your Order.
7.8 You acknowledge that the anticipated date of Delivery is only an estimate and that GSB is not liable for any loss, damage or delay occasioned to you or anyone else as a result of late or non-Delivery.
7.9 You expressly acknowledge that GSB shall not be held liable for any change in value of the Goods between the date of the Order and Delivery.
7.10 Delivery of the Goods shall only be made to capital cities within Australia.
7.12. Whilst the goods are in transit with the Security Guard service, they will be insured for replacement value only.
7.13 Should you select Air Express the Goods will be transported via courier and will be insured up to the replacement weight whilst in transit. These Goods can be delivered to your registered home address or most other nominated locations.
7.14 Upon delivery the courier service will ask for a signature to verify the acceptance of the Goods. Should you not be available to accept the Goods, the items will be returned to the nearest Australian Post Office where they can be collected at your convenience
7.15 Once the Goods are in the control of an Australian Post Office, GSB takes no responsibility for the Goods.
7.16 The Goods for both Air Express and Armaguard will only be dispatched once the Anti Money Laundering requirements have been met.
8. Title and Risk
8.1 Title in the Goods shall not pass to you until all accounts with GSB held in your name are paid in full.
8.2 You acknowledge and agree that, from the time of Delivery, all risk in the Goods vests exclusively in you and you warrant to GSB that you have such valid insurance as may be necessary to guard against any loss which may occur in relation to the Goods.
9. Storage
9.1 GSB provides clients with the opportunity to utilise free bullion storage facilities.
9.2 If you accept GSB's offer of storage you authorise GSB to act as your agent for arranging storage of your bullion with GSB's wholesaler. Clients who agree to utilise the free bullion storage will have their purchased bullion pooled and stored in a high security vault located in Sydney, News South Wales. The pooled bullion is not identifiable to individual clients.
9.3 Clients will receive a Certificate of Holding evidencing the secured storage of their bullion.
9.4 The pooled bullion account is audited annually by GSB. For security purposes and pursuant to GSB's Privacy Policy individual clients are not permitted to audit the pooled bullion account.
9.5 The storage of bullion falls within the liability of GSB's wholesaler. The wholesaler provides an insurance policy to cover the stored bullion to the value of replacement bullion. GSB accepts no liability for any loss or damage which may occur during the duration of the storage.
9.6 Should you require the delivery of your bullion, you would be required to contact our office, submit a copy of your certificate of storage and sign a release form. The bullion will only be delivered to the registered address and the time frame for delivery will be 5 business days. There will also be a delivery charge quoted which will be provided to you before the delivery method has been booked and must be paid prior to dispatch of your bullion.
10. Privacy Policy
10.1 GSB is committed to safeguarding your privacy in accordance with the Australian National Privacy Principles outlined in the Privacy Act 1988.
10.2 GSB will take all reasonable steps to preserve the security of your personal information, but you agree that your use of the website and telephone ordering facility is at your own risk and GSB disclaims any liability for any third party breach of the security of your information.
10.3 GSB may preserve email and other enquiry correspondence received from you for the purpose of responding to your questions or for record keepings procedures.
10.4 This website may contain links to third party websites outside of the control of GSB. If you access these websites through this Website and such third parties collect information about your visit, you authorise GSB to collect or access such information.
10.5 GSB will only disclose your information to external parties in circumstances permitted by the Privacy Act 1988, in accordance with GSB's Privacy Policy, where your consent to disclose is obtained or as required by law.
11. Disclaimer and Exclusions
11.1 You acknowledge and agree that GSB makes no warranty of any kind to you, to the fullest extent permissible by law, in respect of any matter, including, without limitation:
11.1.1 In respect of the Goods and Services: their fitness for purpose, suitability for you, merchantability or title;
11.1.2 the value of the Goods, at the time you access this website, at the time of any Order, or in the future;
11.1.3 the infringement of third party rights;
11.1.4 the Delivery of the Goods;
11.1.5 any third party associated with performing the Services, at the request of GSB or otherwise, and their ability to provide such Services; or
11.1.6 the accuracy of any information contained in this website or otherwise communicated by GSB.
11.2 GSB does not warrant the Goods upon Delivery. You acknowledge that you have had the opportunity to request a certification significance in respect of the purity or weight of the Goods prior to Delivery and shall make no objection to the Goods at the time of Delivery or thereafter.
11.3 GSB does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website. GSB and its staff do not provide financial, taxation or legal advice. GSB does not take into account your investment objectives, financial situation or particular needs and accordingly does not warrant that the Goods will not cause you loss or damage. Noting that all investments involve some degree of risk, GSB strongly advises that you seek professional advice before deciding whether to engage GSB to provide the Goods.
11.4 To the fullest extent permitted by law, neither GSB nor any of its affiliates, employees, subsidiaries or holding company shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or with the use of any information contained herein or otherwise communicated to you by GSB, for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income.
12. Intellectual Property
12.1 All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of GSB and must not be used without its express written consent.
12.2 Except as set out in these Terms and Conditions, you may not use this website, or the material contained on it, for any purpose. This involves:
12.2.1 the reproduction of the material in any material form;
12.2.2 the distribution of the material in any material form;
12.2.3 the re-transmission of the material by any medium of communication;
12.2.4 uploading and/or reposting the material to any other site on the world wide web;
12.2.5 the material on this website with other material on any other world wide web site.
12.3 Notwithstanding the above restrictions on use of the material on this website, you may download material from this website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
12.4 You must not modify or copy the layout of this website and/or any computer software and code contained in this website.
12.5 GSB reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is provided for personal use only and may not be:
12.5.1 re-sold and/or re-distributed in any material form;
12.5.2 stored in any storage media; and/or
12.5.3 re-transmitted in any media, without the prior written consent of GSB.
13. Website Security Policy
13.1 To ensure your personal financial information remains confidential GSB utilises secure server technology including 128-bit SSL encryption.
13.2 GSB does not warrant the accuracy, completeness or suitability of any information provided on this website and excludes to the fullest extent permissible by law liability for any error, inaccuracy or omission contained on this website or any information provided by GSB.
13.3 GSB is not responsible for loss or damage arising from any third party accessing your personal information or details upon sending correspondence to you via the details submitted to GSB by you.
13.4 Hyperlinks and references to other internet resources are provided and used at the risk of the party accessing this website and the content, accuracy, opinions expressed, together with other links provided by these resources are not the property of GSB nor are they investigated, verified, monitored, or endorsed by GSB in any manner.
13.5 In accessing this website, you acknowledge that data transmission and storage over the internet, including via this website, cannot be guaranteed to be secure and accordingly GSB does not warrant the security of any information you transmit including the details of any Order.
