PART 1- ORDER/PAYMENT/FUFILLMENT PROCEDURES
SECTION 1 – ACCOUNT
In order to transact with BGC you must have an active account. BGC requires specific information from the customer to satisfy our compliance standards. It is the customer’s duty to supply all information required to BGC in order to deem the account open. BGC will assume all information provided to be accurate and correct.
Accounts may be opened in the name of an individual, corporation, or trust. You, the customer, acknowledge that you may have only one active account per entity.
SECTION 2 – TRANSACTIONS
BGC transacts with customers in person, over the telephone, or online. Transactions are subject to product availability and BGC reserve the right to limit sales or purchases to its customers. Without notice BGC may change or alter their restrictions of precious metal sales and the prices it charges at any time.
2.1 CUSTOMER SELLING TO BGC
A customer may enter into an agreement to sell their precious metals to BGC. BGC lists prices on the Website for indication only of what they are willing to purchase a certain item for. The publishing of these prices do not in any way bind BGC into purchasing your metal.
The customer may enter into an agreement with BGC by telephone to sell their metals to us at an agreed upon price (the “Sales Agreement”). Once the order has been made the customer may receive a confirmation email to confirm the price. Failing to receive this email does not nullify the Sales Agreement. Once the customer’s metal is received by BGC, BGC has a strict no cancellation policy. Should a customer wish to cancel its Sales Agreement before the customer’s metal is received, a Cancellation Fee and Market Loss Fee will charged pursuant to section 2.5 herein apply. It is the customer’s responsibility to deliver the metal within 72 hours of making the Sales Agreement. Upon request from the customer, BGC can provide the customer with a shipping waybill and insurance against the parcel being lost while in transit with the specified carrier, for a fee. The insurance is for the for the replacement value of the goods only at the agreed upon price.
Once BGC receives the items, they will be verified and confirmed against the outstanding order. BGC assumes goods sent are the belongings of the customer only. Payment will be issued in the form of a company cheque, wire, or ACH transfer to US based banks, at the cost of the customer. Prior to payment being issued, BGC shall require the customer’s photo identification and, if payment is by wire or ACH transfer, BGC, shall also require the customer’s deposit information.
2.2 PURCHASING FROM BGC
Customers can purchase metal from BGC online, by telephone, or in person at an agreed upon price at the time of the order (the “Purchase Agreement”). The Purchase Agreement is a binding agreement between BGC and the customer.
The price of products sold by BGC is based off of live market prices. As the precious metals market changes constantly, customer must understand that prices remain fixed at the agreed upon price. Orders may not be updated or revised when the market changes.
Should a customer wish to cancel a Purchase Agreement before payment has been received or an order fulfilled, Cancellation Fees and Market Loss Fees will charged pursuant to section 2.5 herein..
If a customer places multiple orders, BGC reserves the right to hold shipping on previous orders until all items are paid for.
Payment can be made to BGC in the following manners with the following clearing times:
Wire Transfer (2-3 Business Days)
Certified Cheque, Bank Draft, Cashier’s Cheque, Money Order (2-3 Business Days)
Personal Cheque, Corporate Cheque (5 Business Days)
Bill Payment, Interact E-Transfer, Credit Card (2-3 Business Days)
Depending on the transaction total and currency, certain payment methods will be restricted for those orders at the discretion of BGC. Also, depending on payment method made, items will be held subject to the funds clearing.
BGC requires payment to be issued by the customer on the same day as entering into the Purchase Agreement and received by BGC within 3 business days of entering into a Purchase Agreement. All payment instructions will be made available to the customer by BGC once a Purchase Agreement has been entered into.
BGC will promptly deliver product to their customer. Customers may request specific carriers to transport their product, but approval of carrier and final decision will be made solely by BGC. BGC has full liability coverage for items that it transports. This coverage is provided while the parcel is in transit with the designated carrier. It is imperative for the safekeeping of any delivered items that the customer arranges for the incoming parcel to be signed for. As all parcels are signature required, the customers should ensure a trusted a responsible individual is available to accept delivery if the wish to have someone else sign on their behalf. Once the designated carrier deems the parcel “Delivered,” the insurance is terminated.
If the customer is paying by a credit card, the shipping address must match the billing address of the credit card.
2.3 EMAIL CORRESPONDANCE
BGC will correspond with the customer at the time of order creation, payment receipt, shipment notification, and in the event that order details are amended. Any failure by BGC to send the email or the customer to receive the email will not nullify the agreed transaction. The customer is still expected to make payment within the appropriate timeline discussed in SECTION 2.2.1.
2.4 CREDIT CARD REQUIREMENTS
The customer will provide credit card information in order to secure a booked order. The credit card will not be charged, unless authorized by the customer as its form of payment, but if payment is not made for the order BGC reserves the right to charge the customer’s credit card for any fees owing, including the Cancellation Fee and any Market Loss Fee as set out herein.
The following are fees that BGC will charge customers in relation to any purchase/sale transactions:
Returned Cheque/NSF – the customer will be charged a fee of $25 (CAD or USD depending on transaction currency)
Cancellation Fee – $50 dollar fee
Market Loss Fee (as hereinafter defined) Outgoing Wire Fee – $15 (CAD or USD depending on transaction currency)
Returned Parcel – if the customer misses delivery of their parcel and it is returned to BGC, a fee for re-shipping the parcel may apply
Shipping and insurance – depending on the transaction total, a delivery fee may be added as posted during checkout or stated by a BGC representative over the telephone.
Sales Tax- prices quoted online do not include sales tax. Depending on items, sales taxes may apply.
“Market Loss Fee” means:
(a) In the case of a purchase from BGC, the deficit between the price that BGC sold the item to you and BGC’s current asking price.
(b) In the case of a sale to BGC, the deficit between the price BGC agreed to purchase from you and BGC’s current purchase price as at the date of cancellation or if no cancellation is confirmed by the customer, as at 72 hours after making the Sales Agreement.
Without limiting any other legal or equitable rights and remedies as may be available to BGC, BGC may elect to apply any and all of your funds in its possession (including credit card) to satisfy your monetary obligations and/or may offset any obligations that BGC may have to you. BGC also reserves the right, in its sole and absolute discretion, to apply any or all funds in its possession toward the satisfaction of your obligations to BGC.
BGC has not offered or given and will not provide any investment advice in connection with any transaction. Nothing contained on or offered by or through the Website, through BGC or BGC’s representatives should be construed as investment advice and should not be relied upon by the customer. All investments contain risk and the purchase and sale of precious metals involve a high degree of risk. Furthermore, there can be extreme volatility in precious metal prices, and customers must assume that risk when they book an order. There is no guarantee of interest, yield or return in the purchase and sale of precious metals. The customer acknowledges that all risk of decline in the market value of precious metals is the customer’s risk and not that of BGC.
This Website may contain forward looking statements that reflect BGC’s current expectation regarding future events and business development. The forward looking statements involve risks and uncertainties as the actual developments may differ materially from those projected. Actual developments could differ materially from those projected and depend on a number of factors. Prior to purchasing or selling, you should first consult with your own investment or financial advisor.
Cancelling an order because of a movement in the price is subject to the Cancellation Fee and Market Loss Fee as set out herein.
If payment has been received or the order has been fulfilled, BGC will consider the order final and a cancellation cannot be made.
PART 2 – GENERAL TERMS
SECTION 1 – ONLINE STORE TERMS
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Website will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us for any reason or for no reason at all, regardless of payment method or price confirmation, including, without limitation for order BGC deems questionable or suspicious, for order BGC deems to be a significant risk, when the confirmed price is incorrect, for abrupt movement in the precious metals market, and/or when BGC does not receive payment within the allotted timeframe. Further BGC may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at through our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website should be taken to indicate that all information in the Website or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Website is at your sole risk. BGC delivers the Website, the products and services (except as expressly stated by us) on an ‘as is’ and ‘as available’ basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. BGC specifically disclaims any liability or responsibility for orders placed via the Website and BGC shall not be responsible for any errors, negligence or inability to execute orders. Further, BGC shall not be responsible for any delays in transmission, delivery or execution of your orders due to breakdown or failure of transmission or communication facilities or for any other causes beyond BGC’s reasonable control. In no case shall BGC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
SECTION 16 – SEVERABILITY
SECTION 17 – TERMINATION
SECTION 18 – ENTIRE AGREEMENT
SECTION 19 – GOVERNING LAW
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to submit and attorn to the courts of the Province of British Columbia, Canada in all disputes arising or relating to the use of the Website. You hereby waive any right to commence or participate in any class action against the BGC or its affiliates or any third party relating to the Website these terms and conditions or any related matter. BGC at its option, may demand that any dispute between BGC and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the Commercial Arbitration Act of British Columbia, provided that the foregoing shall not prevent BGC from seeking injunctive relief in a court of competent jurisdiction.
SECTION 20 – CHANGES TO TERMS OF SERVICE
SECTION 21 – COPYRIGHT
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by BGC, or its third-party licensors, to the full extent provided under the Canadian copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, storing in any retrieval system or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of BGC or any third party.
The Website and the information contained therein are for informational purposes only. Any reproduction, distribution, display, performance, copying, or redistribution for commercial purposes of any materials or design elements of the Website is strictly prohibited, without the prior written consent of BGC. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BGC is prohibited.
SECTION 22 – TRADE AND SERVICE MARK RIGHTS
All rights in the product names, company names, trade names, logos, product packaging and designs of BGC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BGC or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of BGC or any third party.
SECTION 23 – RETURN POLICY
BGC’s refund, return and exchange policy is limited to seven (7) days from the date that you receive the item. You must notify BGC’s Customer Service Department via telephone at 1-888-312-2288 within seven (7) days from the date that you receive the item and follow the instructions provided to you, at that time. Shipping and handling charges are non-refundable. If you were offered free shipping on the original purchase, you will be responsible for repayment of BGC’s shipping costs. You are fully responsible for all taxes, as well as return shipping and handling costs. BGC may reject any returned or exchanged item that does not reasonably conform to these terms or is not returned in the same form as received. If the case of a request for an exchange, BGC expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. Returns, refunds and exchanges are subject to BGC’s Market Loss Fee as well as Cancellation Fee. Any and all market gains on refunds, returns, and exchanges shall belong solely to BGC.
SECTION 24 – CONTACT INFORMATION