1.1 The terms “BuyBullion”, “we” or “us” are references to the New Zealand registered company WBL Limited including without limitation, where the context permits, its owners, directors, investors, employees or other related parties. Depending upon context “BuyBullion” may also refer to the Services, products, Site and content provided by us.
1.2 The services we operate allow buyers to buy and sell gold and silver products (“Bullion”) for an agreed price. We do not provide investment advice in relation to the buying of Bullion. Some technical analysis and information may be provided from time to time by us on gold and silver markets but you should undertake your own research and obtain any financial advice that you consider necessary before buying and selling Bullion. All investments in any Bullion are entirely at your own risk.
2.1 These terms and conditions apply to your access to and use of this website (“Site”) and the Services (“Services”). By using the Site or by registering to use our Services and using the Services themselves, you agree to accept and comply with these terms and conditions and any policies referred to in these terms.
2.2 It is your responsibility to follow the laws, rules and regulations in your country of residence and/or the country from which you access this Site as well as the laws of New Zealand. If you do not accept these terms and conditions you must not access this Site or use the Services.
2.3 By opening a user account (“Account”) on this Site you expressly represent and warrant you have read, understand and accepted these terms and conditions.
3. Opening an Account
3.1 In order to utilise our Services:
(a) You must enter information required to open an Account by following the registration process set out on the Site; and
(b) You must satisfy our other anti-money laundering checks and other registration criteria including undergoing verification check(s) to confirm your identity, after which, you will become a registered member of the Site and an Account will be opened in your name.
4. Buying and Selling Bullion
4.1 Gold and silver products displayed in the online shop automatically update every 3 minutes in relation to the spot price of the metal. Any delay in making payment may impact the amount of Bullion you will receive for the price. Displayed prices include freight and insurance to your door; signature required. Displayed metal sale prices, however, are ultimately determined by spot price and/or exchange rate at the time your funds clear our bank account; unless prior arrangements have been made in writing to fix the price. Bullion imagery on the Site may not precisely match the Bullion you ultimately receive.
4.2 We are under no obligation to accept any order and may reject any order without giving any reason. We reserve the right to substitute a similar item if your item is out of stock however we will make the reasonable endeavours to consult with you about the substitute if the timing of the trade will not be compromised. Price and availability of metals subject to typographical error and market fluctuations.
4.3 We will, upon receipt of cleared funds, arrange to ship the Bullion to your nominated address in accordance with your shipping instructions (which you are solely responsible for providing). We will arrange insurance for the freight but accept no responsibility beyond that insurance. We will send an email with courier tracking to your nominated email address when the Bullion has been shipped to you.
We do not store Bullion on your behalf. In the event that you do not provide valid address details to us within 72 hours of the Bullion being acquired on your behalf, we reserve the right to sell or otherwise dispose of this Bullion and remit the proceeds to you less our costs.
4.4 Funds paid to us must be cleared funds and come from a registered bank account in the name that matches the name registered to your Account. Transfer of funds from or to a third party bank account are not acceptable. Notwithstanding the foregoing, we accept no responsibility in relation to funds received from or paid into a third party bank account.
4.5 We do not store any precious metals on site at any of our offices. All metals are stored in professional New Zealand vaults.
4.6 When we buy gold or silver from private sellers, the item(s) must be inspected weighed and electromagnetically tested over-the-counter at our offices before funds will be credited to the seller’s bank account. You must also allow us to sight your authorised identification. Instructions will be given to our bank for funds to leave our bank account overnight and likely credit the same business day for the registered trading bank customers or next business day for most other institutions. You are responsible for contacting us and providing the correct bank account number to remit any proceeds of any sale.
5.1 You acknowledge that the trading of Bullion involves significant risks and prices can fluctuate at any time which means there may be an increase or decrease in the value at any time.
5.2 We make no recommendations as to the type or amount of Bullion you buy and do not provide financial advice. We may provide our opinions in relation to the different the markets for gold and silver. The information on this Site does not take into account the investment objectives, financial situation or needs of any particular person. If you are in doubt in regards to the investment, you should contact a financial advisor or seek other professional advice before accepting a quote from us.
6. Your Account
6.1 You agree to provide us with current, accurate and complete information about yourself in relation to the registration process for your Account and keep such information updated at all times. You agree that you will not use any other Account, other than your own or access an Account of another member at any time.
6.2 You are responsible for maintaining the confidentiality of your Account information including username, password, safeguarding your own Bullion and all activities that are posted or transacted through your Account. You are required to notify us immediately of any unauthorised use of your or any other member Account or password or any breach of security. Any member who violates these rules regarding confidentiality may have their membership terminated at our option.
6.3 You agree to keep confidential all information disclosed to you by us under or in relation to these terms and conditions and the Services and agree to only use the information to the extent necessary to comply with your rights and obligations under these terms and conditions or as required by law.
7. Intellectual Property
7.1 All information on the Site is protected by copyright. BuyBullion are either the owner or licensed user of all intellectual property rights used on or in connection with this Site, including but not limited to the information, material, content and trademarks used on this Site, excluding your personal information.
7.2 You agree that you will not adapt, reproduce, store, distribute, display, publish or create derivate work from any information, material, content and trademark on the Site without our prior written permission.
8. Availability of Services
8.1 All Services on the Site are provided without warranty of any kind either express or implied. You acknowledge and understand that the Site may not operate on a continuous basis. We do not warrant that your access will be uninterrupted or there will be no delays, failures, errors, omissions, or loss of transmitted information.
8.2 We may at any time or for any reason make the Site or any part of the Site unavailable to you or any other person without notice.
9. Limitation of Liability
9.1 To the extent permitted by law we will not be held liable to you for any damages, costs, liabilities, losses including loss of profit, revenue, business opportunity or other indirect or consequential losses except to the extent that these are reasonably foreseeable and the loss suffered arises from our gross negligence, wilful deceit or fraud.
8.1 BuyBullion has no liability to you if we are unable to provide a Service due to anything beyond our reasonable control including but not limited to operation of law, change in sanctions, policy, internet outage or any other act of god/force majeure event.
10.1 You agree to indemnify and keep indemnified BuyBullion, its directors, officers and employees against any action, liability, costs, claim, loss, damages, proceeding or expense including legal expenses suffered or incurred directly or indirectly rising from your use of this Site, the Services or from your breach of these terms and conditions.
11. Use of Site
11.1 You agree not to use this Site to:
(a) Upload, post or otherwise transmit any software material, comment or information that is unlawful, tortious, defamatory, pornographic, indecent, harmful, invasive of privacy rights, abusive or otherwise objectionable;
(b) Infringe the copyright or other intellectual property right of any person, undertake any purpose that is unlawful and not permitted by these terms and conditions or contemplated within ordinary use of the Site;
(c) Interfere with the operation of the Site with the use of viruses, programmes or technology designed to disrupt or damage software or hardware including damaging, disabling, overburdening or impairing the Site or interfering with other members of the Site; or
(d) Perform criminal activity or any sort, including but not limited to money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
12.1 You are responsible for any tax consequences of any kind arising from your sale or purchase of Bullion and we have no liability to you in relation to any tax consequences that may be imposed upon you as a result.
13. Anti-Money Laundering and Counter Financing of Terrorism
13.1 We operate our Services subject to the requirements of New Zealand law including the Anti-Money Laundering and Counter Financing of Terrorism Act 2009 (“Act”). If we consider that a transaction is suspicious we are obliged by law to report that activity to the relevant regulatory authority.
13.2 You agree to provide any information about yourself to us that we are required by law to obtain including under the Act and the Secondhand Dealers and Pawnbrokers Act 2004. You authorise us to supply any personal information that we obtain from you to any regulatory authority that we consider that we are required by law to supply that information to.
14.1 If any provision of the terms and conditions becomes or is held invalid, unenforceable or illegal partly or in full for any reason then that provision should be severed from the remaining terms and conditions which remain in full force and effect.
15.1 Should a dispute arise over any product or service that is provided by BuyBullion you must put the dispute in writing by email to us. If our response does not resolve the dispute or there is no response within one month, you may direct your complaint to www.ifso.nz for resolution. There is no cost to you to do this.
16. Governing Law
16.1 These terms and conditions, your use of our Services and this Site, any information contained on it, or any dispute arising out of the use of such Services are subject to the laws of New Zealand and the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions.