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Effective Date: October 30, 2023.
Welcome to Bullion.com. Bullion.com, LLC. is a seller of gold, silver and platinum, from which you can purchase those precious metals in the domestic United States market through our website(s), including, without limitation, www.bullion.com.
The terms “Bullion.com,” “we,” “us” and “our,” as well as similar terms, in this User Agreement refer to Bullion.com, LLC.
By shopping and making purchases through our website(s), including, without limitation, www.bullion.com, and otherwise using our websites (“Services”), you are agreeing to the terms contained in this User Agreement (as well as the terms available by hyperlink to this User Agreement) (collectively, this “User Agreement”). This User Agreement applies to all orders and purchases that you may make from us, whether made through our Website(s) or otherwise.
PLEASE CAREFULLY AND COMPLETELY READ THIS USER AGREEMENT, WHICH GOVERNS YOUR RELATIONSHIP WITH US AND YOUR LEGAL RIGHTS IN THAT RELATIONSHIP. IF YOU DO NOT AGREE WITH THIS USER AGREEMENT AND/OR ANY OF THE TERMS CONTAINED HEREIN, YOU SHOULD NOT USE THE SERVICES; YOU SHOULD NOT SHOP OR MAKE PURCHASES THROUGH OUR WEBSITE(S) OR OTHERWISE USE OUR WEBSITE(S).
THIS USER AGREEMENT REQUIRES, UNDER THE HEADING “GENERAL-DISPUTE RESOLUTION,” THE USE OF MANDATORY, BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CERTAIN TYPES OF DISPUTES, EXCEPT AS PROVIDED IN THAT SECTION. YOU ARE AGREEING TO RESOLVE DISPUTES WITH US IN ACCORDANCE WITH THAT SECTION AND ARE WAIVING YOUR RIGHTS TO HAVE A COURT PROCEEDING AND A JURY TRIAL OR TO TAKE PART IN A CLASS ACTION.
THIS USER AGREEMENT IS SUBJECT, UNDER THE HEADING “GENERAL - AMENDMENT,” TO CHANGE BY US IN OUR DISCRETION.
REQUIREMENTS TO USE OUR SERVICES
To use our Services, you must be at least 18 years of age and, by using our Services, you represent and warrant to us that you are at least 18 years of age and that you agree to, and will abide by, this User Agreement and all of its terms.
USER ACCOUNT
You can use our Services to browse and to search for precious metals and such use of our Services is free.
You may purchase precious metals from us by creating a user account or without creating a user account through guest checkout.
You are required to provide accurate and complete information when you create your user account and you are also required to update the information that you provide to us as necessary to keep it accurate and complete. You are solely responsible for the accuracy and the completeness of the information that you provide.
Some of the information that you provide will be personally identifiable information and some of the information that you provide will not be personally identifiable information. Your provision of that information and our collection, our storage and our use of that information is governed by our Privacy Policy, which is available by Privacy Policy and which is incorporated into, and is part of this, User Agreement; again, you should read carefully and completely the Privacy Policy, which governs certain aspects of your relationship with us and your legal rights in that relationship.
You are also solely responsible for the activity that occurs on your user account. You are required to keep your user account secure and confidential and you will notify us immediately of any unauthorized use of your user account.
ORDERING FROM US
You may, from time to time, place orders (each, an “Order”) with us for precious metals using our website(s) or by telephone.
Minimum Order. We require that you make a minimum order; the current minimum Order that you make is one ounce for gold, twenty ounces for silver and one ounce for platinum. Those minimums are subject to change by us, at our discretion, from time to time.
Large Order. If we determine that an Order that you place is a large Order, typically an Order with an aggregate purchase price of $500,000 or more, we may, in our discretion, require you to provide a deposit. You should contact us by telephone prior to placing the Order if you are interested of placing an Order of that size.
Order Confirmation. Your confirmation of your Order creates a legally binding contract with us at the purchase price stated in the confirmation, subject, however, to this User Agreement and the terms hereof. When you confirm an Order, you are subject to our Cancellation and Market Loss Policy.
Changes to Order. You cannot make any change to an Order once you confirm the Order, so you need to check your Order carefully for errors prior to confirming your Order.
If you do not pay for your confirmed Order, even if there is an error, you are subject to our Cancellation and Market Loss Policy.
PAYMENT
Pricing. Your purchase price for your Order will be provided to you prior to confirmation of your Order.
Your purchase price may vary based on the payment method used for the Order. If you pay by electronic check or bank wire, we provide a 4.0% cash discount off our list price. If you pay by cryptocurrency, we provide a 2.0% discount off our list price. We do not provide a discount on payments by credit card or PayPal and the prices shown for credit card and PayPal transactions are the full list prices.
Pricing Errors. We try to avoid purchase price errors. However, such errors may occur from time to time and, if such a purchase price error occurs, we may cancel your Order and refund your purchase price, even if your Order is confirmed.
Payment Methods. We accept electronic checks, credit cards, PayPal, cryptocurrency using BitPay and bank wires as payment for Orders, subject to certain requirements of this User Agreement.
We accept electronic checks as payment for Orders up to $100,000. Payments by electronic check must be received by us at the time of the Order. We will generally ship those Orders between 5 and 10 business days after we receive your payment in accordance with this User Agreement.
We accept credit card charges as payment for Orders up to $500,000. We will immediately process a payment by credit card at the time your Order is confirmed, and such payment will be reviewed on a case-by-case basis. We may, in our discretion, reject any such payment and, in particular, we may reject a payment on which the billing address and the shipping address do not match; in the event of such a rejection, we will cancel your Order. We will generally ship these Orders between 1 and 2 business days after we receive your payment in accordance with this User Agreement.
We accept PayPal as payment for Orders up to $500,000. We will immediately process a payment by PayPal at the time your Order is confirmed and such payment will be reviewed on a case-by-case basis; in the event of such a rejection, we will cancel your Order. We will generally ship these Orders between 1 and 2 business days after we receive your payment in accordance with this User Agreement.
We accept cryptocurrency by BitPay as payment for Orders up to $250,000. You will receive a BitPay invoice once your Order is confirmed and you must make your payment within 15 minutes of your receipt of that BitPay invoice. We will generally ship these Orders between 1 and 2 business days after we receive your payment in accordance with this User Agreement.
We accept bank wires for payments on all Orders of at least $1,500 and bank wires are the only payment method that we accept for large Orders. You will receive wire payment instructions after you confirm your Order. Payment by bank wire must be made within 2 business days and we recommend that you send payment by bank wire the same day that your Order is confirmed. We will generally ship these Orders between 1 and 2 business days after we receive your payment in accordance with this User Agreement.
Subject to these requirements, you are responsible for the selection of the payment method and making timely payment in accordance with this User Agreement. Regardless of the payment method that you select, we may request additional information to process your Order as part of our screening process. We may, in our sole discretion, cancel any Order and refuse or return the payment.
If you do not make a timely payment in accordance with this User Agreement, we have all rights and remedies available to us at law or otherwise. We may, without limitation, (a) refuse your payment, (b) effect an offset against other funds in our possession, (c) close your user account and/or (d) preclude you from placing future Orders.
At times, we may offer the ability to purchase a backordered item and, if we do, we may delay your delivery up to 30 days from the expected shipping date of your Order. Your purchase price for the Order is locked in at time of confirmation, subject to this User Agreement and the terms hereof.
USE OF THE SERVICES
You represent and warrant to us that you will only use the Services, including, without limitation, the website(s), in accordance with applicable laws and regulations, including, without limitation, all export control laws and regulations, and that you will not use the website(s) in a manner that violates our rights or the rights of third parties or that harms or harasses third parties.
You acknowledge that we are an interactive computer service provider under Section 230 of the Communications Decency Act, as amended, and that, while we reserve the right to control, to edit or to remove content displayed by the website(s), we have no liability for such content. You also acknowledge that we have no liability for the content of any third party applications, services and website(s) to which our website(s) may be linked.
SHIPPING AND INSURANCE
We provide free standard shipping on all Orders using U.S. Mail, UPS, FedEx or another common carrier.
All Orders are insured for the aggregate purchase price of your Order during transit. Neither our insurance company nor we are, however, liable for any damage or loss sustained by you if you leave instructions with a carrier to deliver your Order without signature and/or provide instructions to leave your Order with someone else, such as a neighbor, building office, drop-off location or another third party.
If you believe the package containing your Order has been damaged or lost in transit, you must notify us, in writing, within 30 days from the shipment date of your Order to open a claim with the insurance carrier and, if you do not notify us, in writing, within that 30 day period, your coverage may be adversely impacted or lost.
Our insurance carrier or we may request additional information during the claims process and any related investigation and you are required to cooperate with the insurance carrier or us. Failure to cooperate fully and timely with the claims process and any related investigation may result in loss of insurance coverage for your Order.
If your claim is approved, we may, at our option, re-ship your Order or refund the purchase price for your Order.
RETURNS
We may, at our discretion, provide you the option to exchange or to return your purchase. The product must be in its original condition to be eligible for an exchange or a return and the shipping charges are your responsibility. We have the right to reject any exchanged or returned product that does not satisfy these requirements.
If we approve an exchange or a return, we will provide you with an authorization number; returns and exchanges will not be accepted without prior approval and an authorization number.
Even if we approve an exchange or a return, we may, at our discretion, charge you a restocking fee of $35 and we may require you to reimburse us for any market loss.
While you may select the method by which you exchange or return such product that has been approved for exchange or return, we recommend using a trackable shipping service and purchasing shipping insurance.
Refunds, if any, are processed once the exchanged or returned precious metals have been received and verified. Cryptocurrency refunds will be issued by BitPay at the U.S. dollar exchange rate at the time of the refund.
At our discretion, we have the option to issue you a credit instead of a cash refund.
MARKET LOSS
After you have confirmed your Order, you are responsible for any market exposure associated with that Order. If we can cancel your Order in accordance with this User Agreement, including, without limitation, as a result of your non-payment for an Order, you must pay us any market loss associated with that Order and a cancellation fee of $35. The market loss is the difference, if any, between the spot price of the precious metal at the time when an Order is cancelled less than the spot price of the subject precious metal at the time when the Order was confirmed. You must make such payment within 5 business days after the cancellation of the Order and, if you do not make such make such payment, we have all of the rights and the remedies available to us at law or otherwise.
Any market gain associated with a cancelled Order will belong to us and not to you.
RISK
Market Risk. All investments, including precious metals investments, have risks and may not be suitable for all types of investors. The value of precious metals is affected by several factors, including, without limitation, economic conditions, geopolitical events, availability or scarcity of products, general market sentiment and other uncontrollable events and factors. The precious metals market involves speculation and is not a regulated industry.
We do not provide advice on investing in precious metals. You need to determine whether such investments are suitable for you and whether you have the necessary background and experience to make such investments; if you want such advice from a third party, you should engage a competent financial advisor.
Product Authenticity. We warrant that all precious metals that we sell are genuine and contain the weight and the fineness/purity reflected by us.
INTELLECTUAL PROPERTY
Ownership by US. We are the sole owner of the website(s), as well as the content thereof, and the other intellectual property related thereto. You are not acquiring any right to such intellectual property, other than a limited license to such intellectual property in accordance with this User Agreement.
Your license is a non-assignable, non-exclusive, royalty-free and revocable license to use the website(s) for their intended purpose. We may revoke your license at any time.
Trademarks and Trade Dress. All of the trademarks displayed on the website(s) are the property of their respective owners and all trademarks related to Bullion.com and the trade dress associated with our website(s) are our property. You do not have any license to use those trademarks or that trade dress without the prior written consent of the respective owner.
TERMINATION
Either you or we may terminate this User Agreement, with or without cause, at any time by written notice to the other party. Such termination shall not, however, affect our and your rights and obligations with respect to the period prior to such termination.
INDEMNIFICATION
You shall indemnify and hold us and our manager, officers, employees and agents harmless from and against any claim, cost, damage, expense, liability or obligation, including, without limitation, reasonable attorneys’ fees, that they, or any of them, incur as a result of, or in connection with, (a) your breach of any representation or warranty made herein or in connection herewith or (b) your noncompliance with this User Agreement.
RIGHTS AND REMEDIES
In the event of (a) your breach of any representation or warranty made herein or in connection herewith or (b) your noncompliance with this User Agreement, we shall have all of the rights and the remedies available to us at law or otherwise, including, without limitation, rights and remedies under this User Agreement.
GENERAL PROVISIONS
Absence of a Relationship. The sole relationship between you and us is a purchaser-seller relationship. There is no other relationship between you and us, express or implied, including, without limitation, any agency, employee-employer, franchisee-franchisor, joint venture or any partnership relationship.
Absence of Waivers. A decision or a failure by us to take action with respect to any non-compliance by you with your obligations to us or to insist upon strict adherence to any term of this User Agreement does not affect our ability to enforce this User Agreement with respect to any other non-compliance by you and does not limit or waive our right to insist upon strict adherence to that term or any other term, whether of a similar or dissimilar nature.
Additional Information. Additional information relating to certain products, pricing, payment methods and policies on returns, refunds, exchanges may be posted on the website(s).
Additional Order or Account Review. We may, in our discretion, request information in connection with your use of our Services or your Order, including, without limitation, when additional review is necessary to meet our federal, state or other legal or regulatory obligations or to meet our internal policies. We may request, without limitation, additional documentation such as your driver’s license or other documents, to help verify your identity. We also have the right, in our discretion, to close or to refuse an account or to cancel or to refuse any Order.
Amendment. We may amend this User Agreement at any time by posting the amendment on the website(s) and such amendments shall become effective immediately upon posting, unless otherwise required by applicable law or regulation.
You should periodically review the posted version of this User Agreement, noting its effective date, to determine if there have been any changes.
Assignment. You may not assign any of your rights or obligations under this User Agreement without our prior written consent, which may be granted or withheld by us, at our sole discretion. This User Agreement is binding on all of our and your permitted assigns.
Business Day. A business day is day other than a Saturday, a Sunday or a holiday under federal law or the law of the State of Delaware.
Disclaimer of Warranties. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF EVERY KIND WHATSOEVER (OTHER THAN THE EXPRESS WARRANTIES MADE HEREIN WITH RESPECT TO PRODUCT AUTHENTICITY), EXPRESS OR IMPLIED, AS TO THE PRECIOUS METALS SOLD BY US OR AS TO THE WEBSITE(S) OR THEIR CONTENTS OR OPERATION. IN PARTICULAR, WE DISCLAIM WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
IT IS EXPRESSLY UNDERSTOOD THAT, LIKE ALL WEBSITES, OUR WEBSITE(S) ARE SUBJECT TO DELAYS AND TO FAILURES THAT ARE BEYOND OUR CONTROL. THERE CAN BE NO ASSURANCE THAT OUR WEBSITE(S) WILL BE IN CONTINUOUS OPERATION AND YOU WAIVE ANY CLAIM THAT YOU HAVE OR MAY HAVE WITH RESPECT TO ANY SUCH DELAY OR ANY SUCH FAILURE.
IT IS EXPRESSLY UNDERSTOOD THAT, LIKE ALL WEBSITES, OUR WEBSITE(S) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE DISCLAIM ANY LIBAILITY FOR SUCH TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS.
DISPUTE RESOLUTION
THIS SECTION WAIVES CERTAIN RIGHTS THAT YOU MAY HAVE AND YOU SHOULD CAREFULLY AND COMPLETELY READ THIS SECTION.
Disputes (Non-Intellectual Property); Arbitration. To the fullest extent permitted by applicable law, all claims (other than claims related to intellectual property rights), arising under, or in connection with, this User Agreement and the transactions between you and us shall be resolved by mandatory, binding arbitration conducted in New Castle County, Delaware in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Disputes (Intellectual Property). All claims related to intellectual property rights arising under, or in connection with, this User Agreement and the transactions between you and us shall be resolved exclusively in the federal and state courts located in New Castle County, Delaware, which shall have exclusive jurisdiction of all actions related to such claims. You hereby consent to personal jurisdiction and venue in those federal and state courts for the purpose of resolving any disagreements or disputes between us and you and waive all objections to the jurisdiction of such federal and state courts.
Governing Law. Any action arising out of, or relating to, this User Agreement and the transactions between you and us shall be governed by, and interpreted in accordance with, the federal laws of the United States and the laws of the State of Delaware, without regard to conflict of laws principles.
Limitations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS ARISING UNDER, OR IN CONNECTION WITH, THIS USER AGREEMENT OR THE TRANSACTIONS BETWEEN YOU AND US MUST BE INITIATED WITHIN 1 YEAR OF THE DATE ON WHICH THEY ARISE.
Payment of Costs and Expenses. In any successful action by us against you to enforce this User Agreement, you shall pay all of the reasonable costs and expenses incurred by us, including, without limitation, reasonable attorneys’ fees.
Waiver of Class or Consolidated Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS SUBJECT TO ARBITRATION HEREUNDER MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF YOU AND WE HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE ARISING OUT OF, OR RELATING TO, THIS USER AGREMENT AND THE TRANSACTIONS BETWEEN YOU AND US.
Entire Agreement. This User Agreement constitutes the entire agreement between you and us and governs your relationship with us, superseding any prior agreements.
Force Majeure. If, due to any events outside of our control, we cannot carry out its obligations under this User Agreement, our performance by us is excused. We are not liable for any damages, delays or noncompliance as a result or, in connection with, such events.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, IN CONNECTION WITH YOUR USE OF THE WEBSITE(S) AND TRANSACTIONS BETWEEN YOU AND US AND WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, IN CONNECTION WITH, OR WITH RESPECT TO, THE CLOSURE OR THE REJECTION OF A USER ACCOUNT, THE CANCELATION OR THE REJECTION BY US OF AN ORDER, THE REFUSAL BY US OF ANY PAYMENT OR YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS UNDER THIS USER AGREEMENT WITH RESPECT TO CLAIMS PROCESSING AND REPORTING OR ANY RELATED INVESTIGATION. YOU SPECIFICALLY WAIVE ANY SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
Notices. Unless otherwise provided herein, all notices and other communications to us shall be directed to Bullion.com, LLC, 800 North King Street, Suite 304 1474, Wilmington, Delaware 19801 and all other notices and other communications to you shall be directed, at our option, (a) to the mailing address associated in our records with your user account or (b) to the email address associated in our records with your user account. We may communicate, however, Order information by chat, by email or by telephone.
Recording of Phone Calls and Chat Conversations. We may record telephone calls, chat conversations and other similar communications between you and us and you consent to the recording of such telephone calls, chat conversations and other similar communications.
Section Headings. The section headings contained herein are for ease of reference and do not affect the interpretation of this User Agreement.
Severability. If any provision of this User Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the legality, the validity and the enforceability of any remaining provisions. The provision that would otherwise be unlawful, void or unenforceable shall be deemed to apply to the broadest extent lawful, valid and enforceable.
User Content. You understand that all user content, whether you have publicly posted on a forum or privately transmitted to another to us or another person, is your sole responsibility. Under no circumstances will we be liable in any way for any user content, including, without limitation, any errors or omissions in any user content or for any loss or damage of any kind incurred as a result of the use of any user content posted, emailed or otherwise transmitted by the Website(s).
CONTACTING US
You may contact us at the following addresses, the following email address and the following number:
Bullion, LLC
800 North King Street, Suite 304 Wilmington, DE 19801[email protected]833-629-3927