This User Agreement (the “Agreement”) governs your access to and use of the [Platform Name] website, mobile experience, and related services (collectively, the “Platform”). The Platform is operated by [Company Legal Name] (“Company,” “we,” “us,” or “our”). By accessing the Platform, creating an account, or buying or selling precious metals through the Platform, you agree to be bound by this Agreement and all policies referenced here (including our Privacy Policy and any order, payment, shipping, return, and market loss policies).
IMPORTANT: PRECIOUS METALS PRICES ARE VOLATILE. ALL ORDERS MAY BE SUBJECT TO PRICE LOCK, PAYMENT DEADLINES, AND MARKET LOSS FEES. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PLACING ANY ORDER.
1. Eligibility and Account Registration
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a legally binding contract to use the Platform. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for all activity under your account, including safeguarding credentials and restricting access to your device(s).
2. No Investment, Legal, or Tax Advice
Content on the Platform is provided for general informational purposes only and is not investment, legal, tax, or retirement planning advice. We do not recommend any product or strategy. You are solely responsible for your decisions to buy, sell, or hold precious metals and should consult qualified professionals as needed.
3. Products, Listings, and Availability
Product descriptions, images, specifications, mint marks, and packaging may vary and are provided as reasonably available. Availability can change without notice, including due to supply constraints, allocation limits, or market conditions. We may impose quantity limits, restrict certain items, or decline orders at our discretion, subject to applicable law.
4. Pricing, Market Volatility, and Price Lock
Precious metals prices fluctuate rapidly. Displayed prices may change at any time. When you place an order, we may provide a “price lock” at the time of submission (a “Locked Price”), which may be conditioned on timely payment and verification. If a Locked Price is offered, it is only guaranteed if you meet all payment and verification requirements within the specified timeframe.
5. Order Acceptance and Confirmation
Submitting an order is an offer to purchase. We may accept or reject any order in whole or in part. An order is considered accepted only when we issue an order confirmation and, where applicable, receive cleared funds and complete any required verification. We may cancel or correct orders for pricing errors, suspected fraud, supply limitations, compliance concerns, or other legitimate reasons.
6. Payment Methods and Deadlines
We may accept payment methods including bank wire, ACH, debit/credit card, check, cashier’s check, money order, or other methods as posted on the Platform. Some payment methods may be restricted by product type, order size, shipping destination, or risk assessment.
- Payment deadlines: You must submit payment within the timeframe stated at checkout or in your confirmation.
- Cleared funds: Orders typically ship only after funds clear. Checks and similar instruments may be held for clearance.
- Fees: You are responsible for any payment processing fees, chargebacks, returned payment fees, or bank fees.
7. Cancellations, Offsets, and Market Loss Policy
Because precious metals markets are volatile and we may hedge or allocate inventory upon order placement, orders are generally not cancellable once placed. If we allow a cancellation or “offset” (buy-back or reversal), it may be subject to:
- a flat administrative fee (e.g., $[amount])
- any difference between your Locked Price and the then-current market price (a “Market Loss”)
- any shipping, insurance, packaging, or payment processing charges already incurred
Any market gains resulting from a permitted cancellation/offset may be retained by the Company to the extent permitted by law. If your payment method permits, you authorize us to charge the applicable cancellation/offset amounts to the payment method on file.
8. Sell-to-Us / Buyback Program (If Offered)
If the Platform offers a sell-to-us or buyback service, any quote may be time-limited and conditioned on product receipt and verification. You agree to ship items promptly using the required carrier, packaging, and insurance instructions. Title and risk of loss remain with you until received and verified by us (unless we state otherwise).
9. Shipping, Insurance, and Risk of Loss
Shipping options, carriers, signature requirements, insurance, and delivery times vary by destination, item value, and method selected. We may require adult signature and may restrict delivery to P.O. boxes or certain countries/regions. Estimated delivery windows are not guarantees.
- Risk of loss: Risk of loss transfers as described by the selected shipping terms and applicable law, typically upon confirmed delivery.
- Delivery issues: You must report missing, damaged, or incorrect shipments within [X] days of delivery.
10. Returns and Exchanges
Returns and exchanges may be limited due to market volatility, the nature of bullion products, and anti-tampering concerns. If allowed, return requests must be initiated within [X] days of delivery and items must be unopened, untampered, and in original condition. Returns may be subject to:
- restocking and administrative fees
- market loss adjustments based on current pricing at the time of return approval/processing
- non-refundable shipping/insurance charges
11. Taxes, Duties, and Regulatory Requirements
You are responsible for all applicable taxes, duties, and customs fees. We may collect sales tax/VAT where required. Certain jurisdictions may require identity verification, transaction reporting, or additional disclosures. You agree to provide information necessary for compliance and acknowledge that failure to do so may result in order cancellation or delays.
12. Prohibited Uses
You agree not to:
- use the Platform for unlawful purposes or to violate sanctions/export controls
- attempt unauthorized access, interfere with security, or introduce malware
- scrape or harvest data without permission
- impersonate others or misrepresent identity, payment authority, or shipping authority
- engage in fraud, chargeback abuse, or manipulative trading intended to exploit pricing latency
13. Intellectual Property
The Platform and its content (including text, graphics, logos, product data, and software) are owned by or licensed to the Company and protected by intellectual property laws. You receive a limited, revocable, non-transferable license to use the Platform for personal, lawful purposes.
14. Disclaimers
THE PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR ANY TRANSACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE TRANSACTION GIVING RISE TO THE CLAIM OR (B) $[CAP AMOUNT].
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Platform, your violation of this Agreement, or your violation of any rights of any third party.
17. Dispute Resolution and Arbitration
Any dispute arising out of or relating to this Agreement or the Platform will be resolved as follows, except where prohibited by law:
- Informal resolution: Contact us at [Support Email] and allow [30] days to attempt resolution.
- Arbitration: If unresolved, disputes will be resolved by binding arbitration in [City, State], administered by [AAA/JAMS] under its rules.
- Class action waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class action.
Notwithstanding the above, either party may seek injunctive relief for alleged misuse of intellectual property or unauthorized access in a court of competent jurisdiction.
18. Termination
We may suspend or terminate your access to the Platform at any time for legitimate business reasons, including suspected fraud or violation of this Agreement. Termination does not eliminate obligations that by their nature should survive, including payment obligations, indemnities, and dispute resolution provisions.
19. Changes to This Agreement
We may update this Agreement from time to time. The “Effective Date” will reflect the latest revision. Your continued use of the Platform after changes become effective constitutes acceptance of the updated Agreement, to the extent permitted by law.
20. Miscellaneous
- Governing law: This Agreement is governed by the laws of [State/Country], without regard to conflict of law principles.
- Severability: If any provision is held invalid, the remaining provisions remain in effect.
- Entire agreement: This Agreement and referenced policies constitute the entire agreement between you and the Company regarding the Platform.
- Assignment: You may not assign this Agreement without our prior written consent; we may assign it as part of a merger, acquisition, or asset sale.
- Notices: Notices may be provided via email, Platform posting, or other reasonable methods.
Contact Us
[Company Legal Name]
[Street Address]
[City, State/Province ZIP]
[Support Email]
[Support Phone]
This example is provided for illustrative purposes only and should be reviewed by qualified legal counsel to ensure compliance with applicable laws and regulations.