Terms and Conditions of Purchase
You must read all the terms and conditions prior to selling the bullion to us. These terms and conditions are applicable to all purchases made by us. By using goldsilvernest.com and other services provided by goldsilvernest.com (hereinafter referred to as GSN, or the Website) including selling bullion to GSN, over telephone or in-person or in any other method, you are agreeing to the following Terms and Conditions.
“Buyer” is Instant Gold Bullion Inc., its directors, members, employees, officers, heirs agents or assigns (Hereinafter “Instant Gold Bullion Inc,” “GSN” “Us,” “Our,” or “We”) that buy bullion from the seller. “Seller” is any corporation, individual, limited liability partnership or company, other businesses or partnerships including trust entities; including its directors, partners, heirs, agents or assigns (Hereinafter “Seller,” “Your,” or “You”). that sell bullion to us. “Bullion” is gold, silver, or other precious metals in the form of bars, ingots, or specialized coins that is said to maintain its worth better than conventional currencies. In terms of this agreement Bullion shall mean the commodities we deal in. “Transaction date and/or Transaction time” is the time and date on which order confirmation issued. “Working days” are from Monday – Friday 8:30 a.m. to 5 p.m (EST), and does not include federal holidays and weekends. “Market Price” is the price of a commodity when sold on the London Bullion Market.
2. Requirements for site use
You warrant to us that: a. You are at least 18 (eighteen) years of age. b. You agree to all the terms and conditions mentioned herewith. c. You will not violate the law or any jurisdiction while visiting our site or using any tool or service that we provide or conduct any activity that is harmful or detrimental to our site as solely determined by us.
You consent and agree that you are the actual legal owner of any and all Bullion sold or attempted to be sold to us and acting on your own behalf and not as the agent or the representative of another person. You also consent and agree that Bullion being sold to us is not from, or the result of illegal activity in this country or any other country.
4. Binding Agreement
These Terms and Conditions are a legally binding agreement made by, and between goldsilvernest.com. and you, personally, and if applicable, on behalf of the entity for whom you are selling the Bullion. We further rely on verbal promises that you make for the completion of precious metals delivery. Therefore, you cannot void any transactions before full delivery of the bullion is made.
5. Modes of trading
You can sell the Bullion in person 0r telephone. No other means of trading is accepted by us. We may request that you to submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence. We reserve all rights to refusing service or delay any service if complete and accurate information is not provided.
We hold no responsibility for not attending or receiving your calls. We appreciate your understanding.
6. Purchase price
Our experts will set the purchase price for all bullion products or any other precious metals purchased by us. This may vary with the market price as the bullion market is very volatile.
7. Order Confirmation
Once the transaction is confirmed over telephone, we will send an order confirmation via email. Failure in receiving this email does not invalidate or cancel the transactions. You would be obligated to carry out the necessary steps to ship the precious metals to us in a timely manner.
8. Pre-Authorization to Credit Cards
All credit cards will be processed by PAYPAL.
9. Customer information
You agree and consent that GSN relies on the legitimacy of all information provided by you. By agreeing to these Terms and Conditions, you consent that all information provided is correct, accurate and complete. You agree and consent to GSN keeping records for the transactions of sales done by you for verification of sale terms; aid in auditing, training, quality control; complying with existing laws or those existing hereafter; or some other reasonably related reasons for business dealing in the bullion market. No seller information is shared with any third party unless otherwise required by the Government of British Columbia, Government of Ontario, Government of Canada or any other Federal regulations.
10. Bullion Packaging
In case you are shipping the products to us, you will package metals to be shipped in accordance with our Packaging Guidelines, link for these guidelines is provided below and also on our website, and is incorporated herewith as an Agreement part. Moreover, it is your responsibility to insure the packages and provide detailed slips for the same to our team. This includes an itemized description for contents of the package, your telephone numbers, name and address. We will not be responsible for misrouted, damaged or lost packages. We advocate for insuring and registering packages. We are not responsible for the customs clearing, duties, insurance or transportation costs related to any shipment. GSN does not provide any letters of guarantee or credit.
11. Bullion Shipment Timelines
For in person deliveries, the Bullion must be received at our office within 5 (five) working days from the date of transaction. You will ship bullion/ precious metals promptly within 2 (two) working days from the time of transaction, Packages need to be received by us no later than 5 (Five) working days from the date of the transaction.
12. Inspection Right
GSM reserves all rights to inspect the products. The products shall be accepted only if it resembles as described by the seller and it meets our quality standards. If rejected you shall be charged as per the cancellation terms mentioned herewith. You consent and agree to be charged for the testing expense, if any incurred by GSN. You consent and agree not to send in materials containing the following: Arsenic, Beryllium, Bismuth, Cadmium, Mercury, Selenium, Tellurium or any other deleterious elements.
Unless otherwise specifically provided, all payments of or references to dollar amounts or other money amounts shall mean lawful money of Canada. Processing and settlement of transactions may take up to 2 (two)business days from the date that the scrap metal is received by us. Standard payments are done by mailing business checks to the address provided the client at the time of transaction. A Request for Next-Day courier of checks is possible, but only upon payment of an additional $35 fee. Physical addresses are a must for such deliveries as a signature is required. Additional charges may be levied if re-mailing is required due to any incorrect information provided by you.
14. Right for Rejection of Defective or Late Package
I. We reserve the right to reject delivery of any mailing kit or package which appears to be damaged, opened, or tampered with. ii. We hold the right to rejecting defective or late packages that are not compliant with our agreement terms and our quality standards. We may or may not request documentation or other proof of compliance with these requirements prior to rejecting the Bullion. i. We reserve right to reject any shipment received after the agreed timelines. Refer Section 10. for timelines. iv. Cancellation of the transaction can be arranged by contacting us. Failure of contacting our Bullion department for making such arrangements will lead to cancellation of transactions on the 6th (sixth) working day from date of transaction. v. In case of rejections you shall be responsible for filing insurance claims as required. We will have no liability to you for any such attempted delivery or the return of any such items.
15. International Seller – Please Note:
(Currently, we are offering international selling or buying. Please contact us for more information regarding this). Import duties, taxes, and charges are not included in the item price or shipping price. These charges are your responsibility. As the shipper, you are responsible to properly complete all necessary forms, and provide any additional documentation. Please check with your carrier to ensure that all forms are completed and provided at the time of shipment. The Canada Customs forms can be found through the Canada Customs website.
If we do not receive your payment within the period of time stated above, or if your mailed payment is postmarked more than one business day from the time of your order, GSN has the right to cancel your order. You are required to pay a cancellation fee of $100 which is non-negotiable Plus any applicable market loss according to our Market Loss Policy (see below).
Should we be unable to collect your full cancellation fee, your account with GSN will be suspended until the full fee is collected. Should we be unable to collect the cancellation fee we reserve the right to take additional measures to collect the cancellation fee, including sending your account to a collections agency or the right to offset if applicable.
Market Loss Policy:
If your purchase is cancelled and the value of your purchase is lower at the time of cancellation, the full difference between GSN current selling price and the original price of your order will be added to the $100 minimum Cancellation Fee. Should the value of the items you have ordered be greater, any increase in value will not be credited to your account and will remain the property of GSN. GSN reserves the right, at our sole discretion, to honor orders for which we have received a late payment, if doing so is more advantageous to GSN.
17. Pricing or Typographical Errors
GSN works hard to provide accurate product and pricing information to you. However, pricing or typographical errors may occur. GSM shall have the right, at our sole discretion, to correct or to cancel such transactions. You shall be notified in good faith.
18. Right to hold payment
In case of multiple orders GSN reserves rights to hold payments of completed orders, if products of other sale transactions are not received or partially received.
19. Right for Refusing Service
GSN holds rights to refusing to service anyone.
20. Applicable law
This agreement will be constructed in accordance with and governed by the laws applicable in the Province of Ontario and the laws of Canada therein. The parties hereby irreversibly submit to the non-exclusive jurisdiction of the Courts of the Province of British Columbia and Province of Ontario in respect of all matters or disputes arising from the agreement, except as otherwise specifically stated herein. You consent and agree that you will not cause us to be in violation or any anti-money laundering, anti-terrorism, or any other applicable law of Canada or any foreign country by any transaction initiated by you.
21. Liability Limitation
We (the buyer as defined in section 1 herewith) shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses caused by us, or by you or by any other third party under any circumstances.
22. Force Majeure
You agree and consent that GSN shall not be in breach of any of its obligations towards you under these Terms and Conditions as a result of a force majeure event. Force majeure events are, but not limited to strikes, God’s acts, labor disputes, government restrictions, suspension of commodity exchange and causes that we don’t control. Further, a force majeure event will excuse performance and extend performance of responsibilities and duties herewith for period that is equal to such stoppage, delay or prevention.
23. Attorney Fees/ Costs
In the event of any dispute between the parties concerning the terms and provisions of this agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
24. Warranty Disclaimer
GSN disclaims any and all implied warranties, including without limitation, warranties of for a particular purpose, merchantability and non-infringement. GSN makes no warranties other than those made expressly in these terms and conditions.
Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned, in whole or in part, by operation of law or otherwise by you without the prior written consent of GSN. Subject to the preceding sentence, this agreement will be binding upon, inure to the benefit of, and be enforceable by, you and your respective successors and assigns.
26. Term Waiver/ Written Modification
Except as specifically set forth in this Agreement, no waiver of any term or provision of this Agreement will be valid unless such waiver is in writing and approved by GSN. The waiver of any term or provision of this Agreement shall not apply to any subsequent breach of this Agreement. We hold the rights to amend or modify Agreement terms without notice.
27. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, heirs, distributees, successors and assigns, subject to restrictions and provisions elsewhere in Agreement.
28. Gender and Singular / Plural
The singular number includes the plural and the masculine gender includes the feminine and the neuter, wherever appropriate, and vice versa, unless otherwise specifically provided.
29. Section Headings
The section headings herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Consignment services are not currently offered or accepted. Please get in touch with one of our staff members if you have any further comments or questions in mind.
31. Invalid Provisions
The invalidity or enforceability of any of the provisions of this agreement shall not affect the other provisions hereof; and this agreement shall be construed in all respect as if such invalid or enforceable provision was omitted.
32. Entire Agreement
This Agreement constitutes the entire agreement between you and GSN. This agreement supersedes any prior agreements, written or oral.