1. Introduction
These Terms and Conditions ("Terms") govern your use of the website, services, and products offered by BOLD Precious Metals, LLC ("BOLD," "we," "us," or "our"). By accessing and using our website or purchasing our products, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of our website and services.
2. Eligibility
To use our website and services, you must be at least 18 years old or have the permission of a parent or guardian. By accessing and using our website and services, you represent and warrant that you meet these eligibility requirements.
3. Purchase, Sales, and Order Policies and Procedures
By conducting transactions with BOLD, you agree to abide by these Terms and Conditions and any accompanying policies and procedures. When you place an order to buy or sell with BOLD, you enter a binding and legally enforceable contract. Product prices and availability are subject to change without prior notice.Upon placing an order on the Website, the submitted price is guaranteed. You will receive an order number via email. To secure this guaranteed price, BOLD must receive payment within one (1) business day for bank wire orders and postmarked within one (1) business day for check orders. Checks must arrive within five (5) business days, and full payment must be received within ten (10) calendar days of the original order date. Otherwise, the order will be cancelled, a $35.00 administrative fee will be charged, and any market losses incurred between the order date and the time of cancellation due to non-payment will be assessed.An order is considered complete upon the receipt of funds in our bank account (wire) or clearance of payment (check). Generally, orders will be denied if payment is completed after the allotted time frame. If late payment is accepted, a $35 late payment fee will be applied.BOLD reserves the right to cancel orders in case of errors, whether attributable to BOLD or otherwiseWhen selling to BOLD, the price is guaranteed. While transactions generally cannot be cancelled, they may be offset at BOLD's current purchase price. Sales to BOLD must be shipped within one (1) business day, and you must contact BOLD via email at [email protected] or by phone at 1(866) 454-BOLD to provide a tracking number to confirm the product is enroute. Products must be received by BOLD within five (5) business days; otherwise, the customer will be charged for any market losses and a $35 administrative fee. If the carrier causes a delay, BOLD may, at its sole discretion, extend the deadline.Market Loss, administrative, or late payment fees incurred on orders from BOLD must be paid before any new orders are accepted. BOLD reserves the right to attempt to collect the fees by any means allowed by law. The same fees incurred on sales to BOLD will be deducted from the payment funds.In the event of noncompliance with these Terms and Conditions, BOLD may, without prejudice to any other legal or equitable rights and remedies, suspend or terminate your account. The suspension or termination of your account shall not affect your obligations set forth in these Terms and ConditionsAdditional terms, including prices, payment methods, refund and cancellation policies, and exchange policies may be posted on the Website from time to time.Fraud: BOLD reserves the right, but has no obligation, to report and prosecute actual and suspected credit card or electronic check fraud actively. BOLD may, in its discretion, require further authorization from you, such as telephone confirmation of your order and other information. BOLD also reserves the right to cancel, delay, refuse to ship, or recall any order if fraud is suspected. During the order process, certain information is captured, which may be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, BOLD reserves the right, but has no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and the credit card company or bank for fraud investigation. BOLD reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law. .
4. Payment Methods
BOLD requires that all transactions be effectuated via credit card, debit card, bank wire, personal check, or electronic check (ACH). Contingent upon the order amount, BOLD retains the right to solicit supplementary documentation for specific orders. BOLD further reserves the right to withhold personal checks and ACH payments for a period not exceeding ten (10) banking days prior to dispatch, unless clearly noted at the Checkout page. In instances of suspected fraud, personal checks and ACH may be retained for up to 45 calendar days, albeit infrequently. Direct bank wire transfers are invariably advocated for orders surpassing $5,000, as they ensure cash pricing and expedited shipping. Electronic and personal checks are also deemed cash payments with respect to pricing; however, orders will be retained until funds are substantiated. By opting to remit payment via credit or debit card, you explicitly authorize BOLD to authorize and capture your credit card payment preceding shipment.BOLD explicitly reserves the right to decline or annul any order, for any reason, at its exclusive discretion, irrespective of payment method and price confirmation.In the event of a dishonored paper check payment, BOLD reserves the right to rescind the order and impose administrative fees and market loss compensations.
| Payment Methods | Payment Retention Period | Anticipated Shipment |
|---|
| Credit Card | (1) Business Day(s) | (1-3) Business Day upon payment receipt |
| PayPal | (1) Business Day(s) | (1-3) Business Day upon payment receipt |
| Electronic Check | (5) Business Day(s) | (5-7) Business Days upon payment receipt |
| Paper Check | (5) Business Day(s) | (5-7) Business Days upon payment receipt. |
| Bank Wire | (2) Business Day(s) | (2-3) Business Days upon payment receipt |
An order will be retained until all pre-sale or preordered items are fully procured.
5. Payment Instructions
BOLD shall provide payment instructions to you during the order process and via email upon the completion of your order. BOLD does not accept Cash on Delivery orders. BOLD reserves the right to cancel orders in which payment is not received within one (1) business day for bank wire orders or one (1) business day for paper check orders. In such instances, a $35 administrative fee and any applicable Market Losses shall be assessed.
6. Cancellation Policy
Once an order has been placed with BOLD, it constitutes a binding legal agreement that cannot be cancelled. However, prior to the shipment of a confirmed order, the Purchase Price may be offset (product sold back to BOLD) at BOLD's current Asking Price on the day a written request for such an offsetting transaction is received. Credit/debit card orders may not be offset 24+ hours following the creation of the order.All order offset requests must occur during business hours, Monday-Friday, 9:00 AM to 4:00 PM CST. BOLD, at its sole discretion, reserves the right to permit the cancellation and/or offsetting of your order.Offsetting orders may be approved via telephone or email, at which time BOLD shall provide a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to BOLD's market loss policy, described below, and a $35.00 (USD) administrative fee. As applicable, the difference between the Purchase Price and the Asking Price shall be added to the $35.00 (USD) administrative fee. In the event of a confirmed cancelled order, you expressly authorize BOLD to automatically bill the credit or debit card on file for the difference between the Purchase Price and the Asking Price, plus the $35.00 (USD) administrative fee. Alternatively, if your credit or debit card is denied or not on file, BOLD reserves the right to invoice you, in which case you expressly agree to pay the amount due, in full, within ten (10) business days. Future orders are not permitted until any cancellation and other related fees are paid in full. All market gains on cancellations shall belong solely to BOLD.For cancelled/offsetting orders, a $35.00 fee, plus the difference between the Purchase Price and the Asking Price shall be charged.After BOLD has shipped the product, the order is final and cannot be cancelled. If you refuse shipment, the product will be returned to BOLD, and you may either pay to have it reshipped or accept Market Loss fees upon return plus a standard $35 cancellation fee.BOLD reserves the right to refuse or cancel an order for any reason or no reason at all, regardless of the payment method or price confirmation, including, without limitation, for orders BOLD deems questionable or suspicious, for orders BOLD deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when BOLD does not receive payment within the allotted time frame.BOLD is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such items. In the event of a cancelled order, BOLD will contact you directly with notification of the cancellation.
7. Return Policy
For Bullion Bars, Coins, or Rounds: All Investment Grade and Collectible Items
BOLD's refund, return, and exchange policy is limited to 30 (thirty) Calendar days from the specified item's delivery date. After receiving the item, you have 30 (thirty) calendar days to notify BOLD's Customer Service Department by phone at 1-(866)454-BOLD. or email at [email protected] You must follow the instructions given at that time. Please note that shipping and handling fees are non-refundable.It takes 3-4 business days to inspect the item for any scratches, damage, signs of wear, modifications, authenticity of original packaging and accessories, tampering, etc. In its sole discretion, BOLD may reject any return that does not meet the perfect conditions it was at the time of delivery.Following inspection, we will start the refund procedure as soon as possible. You may select whether to store credit or cash refund.For Jewelry: Rings, Earrings, Pendants, or Any Other Item Under the Jewelry Category
Jewelry items may be returned within 30 Calendar days of delivery, provided that they are in their original packaging and have not been altered or damaged. (Items altered in any way - e.g., sizing, setting, etc. —are non-returnable). Products customized as per customer’s request are also not eligible for returns. If the jewelry is not in its 'original' packaging (as it was delivered by BOLD), it is not eligible for return. It takes 3-4 business days to inspect the item for any scratches, damage, signs of wear, modifications, authenticity of original packaging and accessories, tampering, etc. In its sole discretion, BOLD may reject any return that does not meet its perfect condition as it was at the time of delivery.Following inspection, we will start the refund procedure as soon as possible. Please note that, for jewelry items, we issue cash refunds only and do not offer store credits.Your return and refund process will be conducted with BOLD’s Customer Service Team by telephone at 1-(866)454-BOLD. or email at [email protected] Shipping and handling charges are non-refundable. 8. BOLD Market Loss Policy
Upon issuance of an order number after a purchase from BOLD, the price is guaranteed and cannot be cancelled. The transaction can solely be offset at BOLD's current asking price. In the event of order cancellation, the buyer is accountable for any shortfall between the price at which BOLD sold the item to the buyer and the offsetting purchase price. Furthermore, as articulated above, all cancellations are subject to our market loss policy and an administrative fee of $35.00 (USD). Market gains on cancellations or returns shall remain the property of BOLD.Without restricting any other legal or equitable rights and remedies that may be available to BOLD, the company may elect to apply all the buyer's funds in its possession to meet the buyer's monetary obligations and/or may offset any obligations that BOLD may have to the buyer. BOLD also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession towards the satisfaction of the buyer's obligations to BOLD.
9. Shipment
BOLD's credit card orders are mostly shipped within one business day. Paper check and electronic check orders are generally shipped within 5-7 days of the funds clearing our bank account. In exceptional circumstances, shipment may take up to thirty (30) days from the completion of payment, contingent upon the manner of delivery. Any package over $750 necessitates a signature upon delivery. BOLD comprehensively insures all its shipments up to the point of delivery. If anything happens while the package is in transit to the buyer, it will be covered by our insurance policy.However, BOLD will not accept responsibility if the buyer has left instructions with any carriers or delivery service to leave parcels unattended without the need for a signature, or if the buyer has given them instructions to leave the package with a third party. When BOLD ships to the buyer, if metals are lost or damaged in transit, BOLD assumes responsibility to pursue any claim with the insurance company. If the company determines that the package is lost or damaged, it will file a claim. Once the claim is filed, BOLD reserves the right to re-ship the items or refund the money at its discretion.It should be noted that BOLD will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance cease the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment must be reported within 2 business days; else BOLD may have to refute any claims.A more comprehensive description of BOLD's shipping and insurance policies can be found Here.10. Export Compliance
Each product that BOLD sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of, Cuba, Iran, North Korea, Syria, or any country to which the United States has embargoed goods. Additionally, no products may be exported or re-exported to anyone on the United States Treasury Department's list of specially designated nationals or the United States Commerce Department's Table of Denial Orders. By ordering through BOLD, you are agreeing to abide by these restrictions.
11. Termination
Either BOLD or the buyer may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and obligations of BOLD or the buyer with respect to the period before the termination date.
12. Disclaimers, Exclusions and Limitations
CAUTION: All investments, including coins and bullion, involve some degree of risk and are influenced by numerous economic factors, all of which are beyond the control of BOLD. The buyer, and not BOLD, is responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Before purchasing or selling, it is advised that the buyer consults with their investment or financial advisor and fully assesses whether they have adequate savings and income prior to considering such an investment. The buyer represents and warrants to BOLD that they have sufficient experience and knowledge to make informed financial decisions, and that BOLD is not making any recommendation with respect to such purchases and/or such sales.
13. Disclaimer of Warranties
BOLD provides the website, the products, and services on an "as is" and "as available" basis. BOLD does not represent or warrant that the website, its use, any information on it: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies, or errors, (iii) will meet the buyer's requirements, or (iv) will operate in the configuration or with other hardware or software the buyer uses. BOLD makes no warranties other than those made expressly in these Terms and Conditions and hereby disclaims all implied warranties, including without limitation, warranties of for a particular purpose, merchantability, and non-infringement.Disclaimer of Forward Looking Statements.This website may contain forward-looking statements that reflect BOLD's current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments could differ materially from those projected and depend on several factors, most, if not all of which, are outside of BOLD's control.Please remember to always consult with your investment and financial advisor prior to purchasing. Products. All products are subject only to any applicable warranties. To the fullest extent permissible by applicable law, BOLD hereby disclaims all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or for a particular purpose. Without limiting the generality of the foregoing, BOLD expressly disclaims all liability for product defects or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to the buyer insofar as they relate to implied warranties.
14. Limitation of Liability
BOLD specifically disclaims any liability or responsibility for orders placed via the BOLD online order entry system, for any losses or direct, indirect, consequential, incidental, or punitive damages that the buyer may incur because of the use of the BOLD online order entry system, the website, and/or related products/services. BOLD shall not be responsible for errors, negligence, or inability to execute orders. Furthermore, BOLD shall not be responsible for any delays in the transmission, delivery, or execution of the buyer's orders due to breakdown or failure of transmission or communication facilities, or for any other causes beyond BOLD's reasonable control. BOLD specifically disclaims any liability for the interruption, cancellation, or other termination of the BOLD online order entry system.In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to the buyer.
15. Indemnity and Release
The buyer agrees to defend, indemnify, and hold BOLD and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders, or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims, or demands, including reasonable attorneys' fees, made by any third-party directly or indirectly relating to or arising out of (a) content the buyer provides to the website or otherwise transmit or obtain through the products and/or services, (b) the buyer's use, purchase, and/or sale of the products and/or services, (c) the buyer's connection to the products and/or services, (d) the buyer's violation of these Terms and Conditions, (e) the buyer's violation of any rights of another, (f) the buyer's breach of any representation or warranty made by them to BOLD, or (g) the buyer's failure to perform their obligations hereunder. If the buyer is obligated to provide indemnification pursuant to this provision, BOLD may, in its sole and absolute discretion, control the disposition of any claim at the buyer's sole cost and expense. Without limitation of the foregoing, the buyer may not settle, compromise or in any other manner dispose of any claim without BOLD's consent.The buyer is hereby agreeing to release BOLD and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders, or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected, or unsuspected, disclosed or undisclosed, that they may have against them arising out of or in any way related to, without limitation, such disputes and/or to the website and related products and services.
16. Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Texas, specifically Travis County, without regard to its conflict of laws rules. The buyer hereby submits to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas. Any cause of action arising out of or related to these Terms and Conditions, the website, or the products/services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
17. Entire Agreement
These Terms and Conditions, together with any policies or operating rules posted by BOLD on the website, constitute the entire agreement and understanding between the buyer and BOLD concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
18. Waiver and Severability
BOLD's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.
19. Relationship
The statement that "the sole relationship between you and BOLD is that of purchaser-seller" is an express term of the contract. The contract limits the relationship between you and BOLD to the purchase and sale of products or services. The contract explicitly excludes any other relationships, including but not limited to agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship.
20. No Waiver
The clause regarding the failure to comply with your duties and obligations to BOLD reserves all rights and remedies available at law or in equity. BOLD's failure to exercise any right or remedy shall not be construed as a waiver of that right or remedy. Additionally, partial exercise by BOLD of any right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. The clause also grants BOLD the right to charge your credit card for all market losses incurred by BOLD as a result of price and market fluctuations for which you did not fulfill.
21. No Assignment
The clause regarding assignment of the contract expressly prohibits the assignment of these terms and conditions, including related rights and obligations, without express prior written consent from BOLD. Such consent may be granted or withheld by BOLD at its sole discretion.
22. Force Majeure
The clause regarding force majeure states that if BOLD and/or the Website are unable to provide products and/or services due to a force majeure event, BOLD and/or the Website will not be in breach of any obligations towards you under these Terms and Conditions. A force majeure event is defined as any event beyond the control of BOLD and/or the Website. This clause provides that BOLD shall not have any liability to you, whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under this agreement to the extent that such failure is a result of a force majeure event.
23. Website Use and Restrictions
The clause regarding website use and restrictions provides that purchase and/or sale of related products/services may only be consummated by individuals who can form legally binding contracts under applicable law. This clause also prohibits minors from utilizing the Website and/or related services. You must comply with all the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules, and regulations when you use the Website.Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website retains ownership of its intellectual property rights, and you may not obtain any rights therein by virtue of these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in these Terms and Conditions. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.In your use of the Website and the products and/or services, you may not infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party. You may not defame, abuse, harass, stalk any individual or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website. You may not interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology. Furthermore, you may not attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity (including the Website), or create or use a false identity. You may not attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access, engage in transmission of spam, chain letters, junk mail, or any other type of unsolicited solicitation, collect information about other users without their express consent or other information relating to the Website or the products and/or services, use any meta tags or any other hidden text utilizing the BOLD name, trademarks, or product names, advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website, or engage in any activity that interferes with any third party's ability to use or enjoy the Website or products and/or services, or assist any third party in engaging in any activity prohibited by these Terms and Conditions.
24. Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred, or assigned by the buyer, but may be assigned by BOLD without restriction.
25. Account Registration
To purchase our products, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update your account information as necessary. You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
26. Prices and Payment
All prices on our website are in U.S. dollars. We reserve the right to change prices at any time without prior notice. You agree to pay all applicable fees for the products you purchase, including taxes and shipping fees. We accept various forms of payment, as specified on our website. By providing your payment information, you represent and warrant that you are authorized to use the payment method provided and that you grant us permission to charge your payment method for the total amount of your purchase.
27. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of BOLD or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our website's content without our prior written consent.
28. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of our website, services, or products, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration. The arbitration shall be conducted in the state in which BOLD is located, in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties waive their right to a trial by jury and agree to arbitrate their disputes.
29. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, and the remaining provisions shall continue in full force and effect.
30. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
31. Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. By continuing to access or use our website, services, or products after those revisions become effective, you agree to be bound by the revised terms.
32. Entire Agreement
These Terms, together with any other legal notices or terms published by BOLD on our website, constitute the entire agreement between you and BOLD concerning your use of our website, services, and products, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and BOLD with respect to such subject matter.
33. Contact Information
Please direct any legal questions to:BOLD Precious Metals
Attn: Legal Dept.
7301 Ranch Road 620 N Suite 155-194
Austin, TX 78726-4537
