These terms and conditions ('User Agreement') are legally binding, and they apply to all orders, purchases and sales, either online, over telephone or otherwise. Please review this agreement in advance of placing any orders with GoldExchange, as by doing so you are agreeing to the terms and conditions set below.
BY USING THE GOLDEXCHANGE SITES AND PLATFORMS, YOU AGREE TO THE TERMS AND CONDITIONS SET IN THIS USER AGREEMENT.
We reserve the right to make changes to these terms and conditions at any time, for any reason, and without notifying you. Any changes we make are effective immediately, so please return here periodically to review the most recent version of our User Agreement.
I. Purchase, Sales and Orders
1. Your Purchases
GoldExchange sets a minimum purchase order of 100USD, both within the United States and internationally. The price at which you purchase your order is set and guaranteed for up to 5 business days. If GoldExchange does not receive your payment within 5 business days, either through bank wire or check clearance, and there are market losses, GoldExchange reserves the right to modify payment to accommodate that market loss (see 'Market Loss Policy'). GoldExchange reserves the right to cancel any transaction due to error by any party or due to customer noncompliance.
2. Deposits, Taxes, Shipping and Insurance
GoldExchange does not charge deposits on orders. However, wire transfers are subject to $35 deposit fees, which are forfeited if the full payment is not received within 5 business days. There are no taxes on pieces purchased above 1500USD. All other taxes, as well as shipping and insurance fees, are disclosed to the customer at the time of purchase. Our carriers include USPS, FedEx and UPS.
3. Your Sales
Sales to GoldExchange are unalterable and the price is guaranteed. Once a sale ships, you must provide GoldExchange with a tracking number by emailing email@example.com within 3 business days of sale confirmation. If the sale does not arrive within 5 business days --unless fault is claimed and rectified swiftly by the carrier-- market losses may be added (see 'Market Loss Policy'). We suggest mailing sales through secure, priority shipping carriers.
4. Fraud and Account Termination
GoldExchange reserves the right to terminate your account if you do not comply with these terms and conditions. We also reserve the right to report and prosecute suspected credit card fraud, to cancel or recall orders where fraud is suspected, and to work with authorities to prosecute fraud to the fullest extent of the law.
GoldExchange accepts payments made via Credit and Debit Cards, PayPal, Personal or Cashier's Checks, Electronic Checks or Wire Transfers [[IF APPLICABLE, WE CAN ADD BITCOIN AND MONEY ORDERS HERE]]. We accept most major credit cards, including (but not limited to) VISA, MasterCard, American Express and Discover. You authorize GoldExchange to capture and authorize your credit or debit card information if you choose to pay using a credit or debit card. All payments must be made in United States Dollars. GoldExchange reserves the right to refuse or cancel any order, at our discretion.
Check and Wire Transfer Discounts: Checks and wire transfers are not subject to the transaction fees of credit and debit cards and PayPal payments. Clients using these methods receive discounted prices on all sales. If a check bounces, however, and full payment is not received within 5 business days, GoldExchange reserves the right to assess market losses. (See 'Market Loss Policy.')
III. Risks and Warranties
Investment Risks: All investments involve risk. Each investor has his or her own tolerance of risk, and you should consult with your financial advisor to determine your risk tolerance. The precious metals market is speculative and any investment made in this market is made at your own risk. The value of our products is determined by various economic factors that can fluctuate rapidly and without forewarning. Prices will fluctuate during the time that precious metals markets are open. We do not make recommendations or projections of these fluctuations; you are responsible for the risk and volatility of the purchases you make, and you acknowledge that you may not be able to liquidate your purchases at your desired price.
Shipping: GoldExchange insures all product shipments, but will not accept responsibility if you instruct carriers to leave parcels unattended or with a third party. Our insurance ceases the moment the package is delivered to the specified delivery address. If products are lost or damaged in transit, we will pursue a claim with our insurer.
Electronic Risks: Any order placed electronically carries certain risks. GoldExchange is not responsible for the loss, delay or damage of currency, devices or products due to electronic failure or malware, or for the interruption or cancellation of our online order system. We disclaim any liability for the breakdown of electronic communications and transmissions, as it is not within our reasonable control to prevent them.
Warranties: You acknowledge that GoldExchange provides all products and services on an 'AS IS' basis. We make no warranties regarding the availability, accuracy, non-infringement or reliability of our sites and applications and the information gained from them. Any warranties we do make are expressed in these terms and conditions, and we disclaim all other implied warranties. We may make changes to our sites at any time to rectify inaccuracies, outdated information and typographical errors, though we do not commit to specific timeframes for doing so.
IV. Market Loss Policy
Market Loss is the depreciation in value of a product that has a late, defaulted or cancelled payment. You become liable for any market losses when payment for product(s) you have purchased does not arrive within 5 business days of your purchase, as required in these terms and conditions, or if your purchase is cancelled. Once we have issued a confirmation of sale, the transaction price is binding. GoldExchange reserves the right to charge market loss using any payment information that you have provided us, in order to satisfy your financial obligations to us. We also reserve the right to place your order(s) on hold until such obligations have been met. In the event of late, defaulted or cancelled payments, you may be liable for the $35 wire transfer deposit fee in addition to market losses. Any and all market gains on late or cancelled products remain the property of GoldExchange.
Cancellation of Your Purchases: Upon placing an order with GoldExchange, you have entered a binding legal agreement, and thus cannot cancel that order. If you have determined an error in your purchase, you should contact us immediately at firstname.lastname@example.org to discuss amending your order, which we may or may not agree to at our discretion. GoldExchange reserves the right to cancel any transaction due to error by any party or due to customer noncompliance. In the event that your order is cancelled, you will forfeit your $35 wire transfer fee and will be liable for any market loss. (See 'Market Loss Policy.')
Cancellation of Your Sales: Upon placing a sale with GoldExchange, you have entered a binding legal agreement, and thus cannot cancel that sale. If you have determined an error in your sale, you should contact us immediately at email@example.com to discuss amending your sale, which we may or may not agree to at our discretion. GoldExchange reserves the right to cancel any sale due to error by any party, or due to seller noncompliance. We will cancel an order if we do not receive a tracking order or product within the time frames outlined in these terms and conditions (see 'Your Sales'). In the event that your sale is cancelled, you will be liable for any market loss. (See 'Market Loss Policy.')
VI. Return Policy
All refunds, returns and exchanges are limited to within 5 business days of receiving our product(s). You are responsible for notifying GoldExchange at firstname.lastname@example.org within this timeframe, and for following the instructions provided at that time. Shipping and insurance fees are non-refundable, and you will be responsible for paying any and all return shipping costs. GoldExchange reserves the right to refuse any request for return or exchange at our discretion. We also reserve the right to apply a refund where no exchange is available. All refunds, returns and exchanges are considered cancellations and are subject to GoldExchange's market loss policy (see 'Market Loss Policy.')
VII. International Orders
As a GoldExchange customer, you must pay all duties, customs and taxes of your purchase. GoldExchange will declare the full value of product on any and all customs forms. As with any order, shipping charges are non-refundable. Furthermore, if your order is returned to GoldExchange, we will charge you for any duties, taxes and return shipping fees related to its return. We advise international customers to become familiar with duties, customs and tax laws that apply to your purchases.
All products sold by GoldExchange are subject to United States export laws. Products cannot be exported to residents of Iran, North Korea, Syria or any country to which the United States has embargoed goods. Nor can products be exported to anyone on the United States Commerce Department's Table of Denial Orders or the United States Treasury Department's list of specially designated nationals.
VIII. Liability, Release and Assignment
Liability: GoldExchange is only liable in the cases outlined expressly in this document. In all other cases and events, GoldExchange and its directors and managers will NOT be liable to you or any third party for any special, punitive, exemplary, incidental, indirect or consequential damages of any kind, including but not limited to those resulting from loss of use, data or profits, in any connection with any transaction between you and GoldExchange.
Release: You hereby release GoldExchange and our directors, managers, partners, agents and employees from any and all claims, demands, debts, obligations, damages, costs and expenses of any kind that you may have against us in any way related to our sites, platforms, products and services.
Assignment: You may not assign any of your rights or obligations under this User Agreement without the prior consent of GoldExchange, which may be granted or withheld by GoldExchange in our sole discretion. This contract, including but not limited to this User Agreement, is binding on all permitted assigns and successors of GoldExchange and you.
IX. Waiver of Trial by Jury
Binding Arbitration: Both you and GoldExchange hereby waive the right to a trial by jury in any proceeding or litigation connected to this User Agreement or the GoldExchange sites and platforms. All disputes arising out of these terms and conditions or your use of our services will be resolved under confidential binding arbitration.
X. Unforeseeable Circumstances
If GoldExchange cannot perform any obligations of this user agreement as a result of an event or events beyond our control, GoldExchange's delay or failure to perform such obligations shall be excused and GoldExchange shall not be liable for any damages resulting from such delays or failures. Any event beyond our control is considered a force majeure event and releases us from any warranties or liabilities connected to said event.
XI. Relationship and Termination
Relationship: The sole relationship between you and GoldExchange is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture or any partnership relationship exists between you and GoldExchange.
Termination: You or GoldExchange may terminate this User Agreement at any time, with or without cause and with or without notifying the other party. Terminating this agreement will not affect the rights and obligations of either party prior to termination.