Terms & Conditions of Sale
These Terms & Conditions of Sale (“Terms”) apply to purchases and sales of precious metals and related transactions conducted with Fine Gold Bullion Inc. (“Fine Gold Bullion,” “FGB,” “we,” “us,” or “our”).
By completing a transaction with Fine Gold Bullion, you acknowledge that you have read, understood and agreed to these Terms.
Fine Gold Bullion operates from its location in Mississauga, Ontario, Canada.
1. Definitions
For the purposes of these Terms:
Fine Gold Bullion or FGB means Fine Gold Bullion Inc.
Customer, Buyer, You or Your means the individual or entity purchasing precious metals or otherwise conducting a transaction with Fine Gold Bullion.
Precious Metals includes gold, silver, platinum, palladium and other precious metal products offered or purchased by Fine Gold Bullion, including applicable bars and coins.
Market Price means the applicable market price of a precious metal at a particular time. Precious metal market prices can fluctuate continuously.
Buyback Price means the price Fine Gold Bullion offers to purchase a precious metal product from a customer at a particular time. The buyback price may differ from the market price and from the price originally paid for the product.
2. Eligibility to Conduct a Transaction
You must be at least 18 years of age and legally capable of entering into a binding transaction with Fine Gold Bullion.
If you are conducting a transaction on behalf of a corporation, partnership, trust or other entity, you represent that you have the authority to act on behalf of that entity.
Fine Gold Bullion may request identification, authorization documents or other information before completing a transaction.
3. Buying Precious Metals
Fine Gold Bullion offers physical precious metals including gold, silver, platinum and palladium products.
Products, weights, brands, mints, refiners and quantities available for purchase may change depending on inventory and market conditions.
Fine Gold Bullion does not guarantee that a particular product displayed or previously quoted will remain available.
4. Precious Metal Prices
Precious metal prices fluctuate continuously and may change throughout the day.
Prices for physical bullion may differ from the underlying market or spot price because they may include premiums or other amounts associated with the particular product and transaction.
The price displayed or discussed at one time is not guaranteed to remain available at a later time unless Fine Gold Bullion has expressly confirmed the transaction at that price.
5. Price Confirmation
Customers are responsible for reviewing and confirming the applicable price before completing a transaction.
Once a transaction has been completed at an agreed price, subsequent changes in the market price of gold, silver, platinum or palladium do not change the agreed transaction price.
Fine Gold Bullion is not responsible for market price movements occurring after a transaction has been completed.
6. Product Availability
All precious metal products are subject to availability.
Fine Gold Bullion reserves the right to limit quantities or decline a transaction where a product is unavailable, inventory information is incorrect, a pricing or technical error has occurred, or the transaction cannot be completed for operational, compliance or other legitimate reasons.
If a product becomes unavailable before a transaction has been completed, Fine Gold Bullion may offer an alternative product where appropriate.
7. Final Sales
Purchases of precious metals are final once the transaction has been completed.
Precious metals are market-priced products whose values fluctuate. Fine Gold Bullion does not provide a conventional retail refund simply because a customer changes their mind after purchasing a precious metal product.
If you no longer wish to keep precious metals you purchased, you may request a buyback quote from Fine Gold Bullion.
A buyback is a new and separate transaction and is not a refund or reversal of the original purchase.
8. Buybacks
Fine Gold Bullion may purchase eligible gold, silver, platinum, palladium and other precious metal products from customers.
Any buyback is treated as a new transaction.
The price offered will be based on Fine Gold Bullion’s applicable buyback rate at the time of the transaction and may take into consideration:
- Type of precious metal
- Weight and purity
- Current precious metal market price
- Specific bar, coin or other product
- Product condition and authenticity
- Current market demand and liquidity
- Fine Gold Bullion’s applicable buyback rate
The buyback price may be higher or lower than the amount originally paid for the precious metal.
Fine Gold Bullion does not guarantee that a precious metal will be repurchased for the customer’s original purchase price.
9. Product Verification
Fine Gold Bullion may inspect, test and verify precious metal products before purchasing them from a customer.
Verification may include determining the product’s authenticity, weight, purity, condition and other relevant characteristics.
Additional verification may be required for products that have been removed from their original packaging, have damaged or altered packaging, or otherwise require authentication.
Fine Gold Bullion reserves the right to decline to purchase a product that cannot be satisfactorily authenticated or does not meet our purchasing requirements.
10. Identification Requirements
Fine Gold Bullion maintains identification and transaction-verification procedures as part of its business and regulatory compliance practices.
Customers may be required to provide two valid pieces of identification when conducting a transaction with Fine Gold Bullion.
Fine Gold Bullion may also request additional identification, information or documentation where necessary to verify a customer’s identity, establish authority to conduct a transaction, satisfy our internal compliance procedures or comply with applicable Canadian laws and regulations.
Failure to provide requested identification or information may result in a transaction being delayed or declined.
11. Anti-Money Laundering and FINTRAC Compliance
Fine Gold Bullion is committed to complying with applicable Canadian anti-money laundering and anti-terrorist financing laws and regulatory requirements.
Fine Gold Bullion may be required to collect, verify, record, retain or report information relating to certain transactions.
Where Fine Gold Bullion receives $10,000 CAD or more in cash in circumstances that trigger applicable reporting requirements, the transaction will be reported to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as required by law.
Applicable requirements may also require multiple cash transactions to be considered together where they meet the applicable aggregation rules.
Fine Gold Bullion may request additional information or documentation when necessary to satisfy identification, record-keeping, reporting, source-of-funds or other applicable compliance requirements.
12. Suspicious Transactions
Fine Gold Bullion reserves the right to request additional information or identification, delay a transaction, decline a transaction or take other appropriate action where necessary to comply with applicable Canadian laws and regulatory requirements.
Fine Gold Bullion may make reports or disclosures to FINTRAC or other appropriate authorities where required by law.
13. Payment
Customers must complete payment using a payment method accepted by Fine Gold Bullion for the applicable transaction.
Available payment methods, payment limits and processing requirements may vary depending on the value and nature of the transaction.
Fine Gold Bullion may require payment to clear or be verified before releasing precious metals to a customer.
14. Canadian Dollars
Unless otherwise expressly agreed, transactions with Fine Gold Bullion are conducted in Canadian dollars (CAD).
If Fine Gold Bullion agrees to accept another currency for a particular transaction, the applicable exchange rate and transaction amount will be confirmed before the transaction is completed.
15. Taxes
Applicable taxes, if any, will be determined according to the nature of the product and applicable Canadian tax requirements.
Customers are responsible for paying any taxes that legally apply to their transaction.
16. No Shipping of Precious Metals
Fine Gold Bullion currently does not ship precious metal products.
Precious metal purchases are completed through Fine Gold Bullion’s available in-person purchasing and pickup process.
Customers should confirm applicable pickup requirements before visiting Fine Gold Bullion to collect a purchase.
Fine Gold Bullion may require identification and transaction verification before releasing precious metals.
17. Customer Information
Customers are responsible for providing accurate and complete information when conducting a transaction with Fine Gold Bullion.
Fine Gold Bullion may collect and retain information required to process transactions, verify identity, maintain business records, prevent fraud and satisfy applicable legal and regulatory requirements.
Personal information will be handled in accordance with Fine Gold Bullion’s Privacy Policy and applicable Canadian privacy requirements.
18. Pricing and Technical Errors
Fine Gold Bullion makes reasonable efforts to provide accurate pricing, product information and specifications.
However, typographical, technical, system, inventory or pricing errors may occasionally occur.
Fine Gold Bullion reserves the right to correct an error and, where appropriate and permitted by applicable law, decline or cancel a transaction affected by an obvious pricing, technical or product-information error.
19. Product Images and Information
Product photographs, illustrations, descriptions and specifications are provided to help customers identify and understand products.
Actual products, packaging, appearance, markings or other characteristics may vary where appropriate, particularly between different production years, mints, refiners or product batches.
The precious metal type, weight and purity applicable to the actual transaction will be confirmed as appropriate.
20. Refusal or Delay of Transactions
Fine Gold Bullion reserves the right to decline or delay a transaction where reasonably necessary, including where:
- Required identification or information has not been provided
- Payment cannot be verified or has not cleared
- Fraud or unlawful activity is suspected
- A product cannot be authenticated
- Product availability has changed
- A pricing or technical error has occurred
- The transaction would conflict with applicable laws, regulations or compliance requirements
Nothing in these Terms permits Fine Gold Bullion to refuse service on a basis prohibited by applicable law.
21. Market Risk
Customers acknowledge that precious metal prices can rise or fall and that past market performance does not guarantee future results.
Fine Gold Bullion does not guarantee that gold, silver, platinum, palladium or any other precious metal will maintain or increase its value.
Customers are responsible for making their own purchasing and selling decisions based on their individual circumstances.
22. No Investment, Tax or Legal Advice
Information provided by Fine Gold Bullion, whether through its website, employees or other communications, is provided for general informational purposes and to assist customers with precious metal transactions.
Unless expressly stated otherwise, Fine Gold Bullion does not provide personalized investment, financial, tax or legal advice.
Customers should consult an appropriately qualified professional where advice specific to their financial, tax or legal circumstances is required.
23. Limitation of Liability
To the extent permitted by applicable law, Fine Gold Bullion will not be responsible for losses resulting solely from fluctuations in precious metal market prices after a transaction has been completed.
Nothing in these Terms is intended to exclude, restrict or limit any right, remedy, warranty or liability that cannot lawfully be excluded or limited under applicable law.
24. Force Majeure
Fine Gold Bullion will not be responsible for a delay or failure to perform an obligation where the delay or failure results from circumstances beyond its reasonable control.
Such circumstances may include natural disasters, government actions, labour disruptions, power or telecommunications failures, financial-market disruptions, interruptions to banking systems or other events beyond Fine Gold Bullion’s reasonable control.
25. Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
Subject to applicable law, disputes arising from or relating to these Terms or transactions with Fine Gold Bullion shall be subject to the jurisdiction of the courts of Ontario.
26. Changes to These Terms
Fine Gold Bullion may update these Terms & Conditions from time to time to reflect changes to our business practices, products, regulatory requirements or applicable laws.
The version published on our website at the time of a transaction will apply to that transaction unless otherwise required by law or expressly agreed in writing.
27. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
28. Entire Agreement
These Terms, together with any applicable transaction documents and policies referenced in them, constitute the terms governing the applicable transaction between the customer and Fine Gold Bullion.
Where applicable, customers should also review Fine Gold Bullion’s Return & Buyback Policy and Privacy Policy.
29. Contact Fine Gold Bullion
If you have questions about these Terms & Conditions, purchasing precious metals, selling precious metals or Fine Gold Bullion’s transaction procedures, please contact us or visit our location in Mississauga, Ontario.