PLACING ORDERS

1. Liberty Bullion (we, us, our) will accept orders from a customer (you, your) for bullion by telephone, in person or through our Website:

www.libertybullion.com.au

2. By placing an order with Liberty Bullion you agree to be bound by these Terms of Trade and all other policies/procedures and notifications as are set out on our Website from time to time. Our Terms of Trade may change without notice and we encourage you to review them before you place each order.

MAKING PAYMENT

3. You agree to pay the purchase price, initiating payment as soon as practicable after you receive an invoice, and in any event on the same day prior to usual banking cut-off time, and ensuring cleared funds are received by the following business day, by one of the following methods:

• Cash payment into Liberty Bullion bank account or in person at our premises; or
• Direct Credit – Please be aware of the daily payment limit on your relevant bank account. If you are unsure contact your bank prior to placing the order.

We do not currently accept eftpos or other means of making payment from debit or credit cards.

4. When making direct credit payments please ensure you quote the invoice number stated on the invoice.

FINANCIAL TRANSACTIONS

5. All payments must be in AUD.  We reserve the right to refuse any order at our own discretion without giving reasons. Should fraud or breach of law be detected or suspected at any stage of a transaction (including after the transaction is complete and the products shipped or delivered) then the transaction will be reported to any relevant regulatory body or law enforcement agency and legal action may be brought against the ordering customer by us without notice to you.

TIME CONTRACT IS BINDING AND CUSTOMER IDENTIFICATION REQUIREMENTS

6. The contract for the sale and purchase of products is made and is legally binding on the parties when an invoice is issued.  However, our obligation to supply bullion to you is subject to and conditional upon satisfactory verification of your identity.

7. Where a contract is in force but your identity is not able to be adequately verified (which decision is in our absolute discretion) then we may immediately terminate the contract upon written notice to you and if applicable, our Market Loss Policy will apply.

8. Liberty Bullion is a reporting entity under the Anti-Money Laundering and Counter Terrorism Financing Act (Cth) 2006 (AML/CTF Act) which is regulated by AUSTRAC.  This requires us to maintain a AML/CTF Program and the need to properly verify the identity of our customers in accordance with the Act.  If adequate identification is not able to be collected in person at our office we may ask for your name, address and date of birth and verify your ID through external organisations using such verification businesses or organisations as we see fit from time to time (including without limitation the Australian Government Document Verification Service (DVS).  Such external organisations may include government departments, credit reporting agencies, and other independent or private sector organisations holding relevant databases.

DELIVERY AND “HELD FOR COLLECTION” REQUIREMENTS

9.       Prior to any delivery of bullion, in person or otherwise, you must submit to such photographic or other means of identification verification procedures as may be required by us and must also provide us with any other documentation we require (for example if you are a company, a trust or a superannuation fund).

COMPANIES, TRUSTS, SUPER FUNDS

10.  For Company and Trust entities, each director, trustee or authorised representative must have their identity verified per above AND the following documents are required:

• Copy of an ASIC extract showing current registration, Officer information and beneficial ownership of the Company (or the Trustee if the Trustee is a Company);
• Unless the Company is a sole director/sole shareholder Company, written authority of the Company to the relevant person placing the order to transact with Liberty Bullion in the manner proposed, on the company letterhead and executed in accordance with the Corporations Act (Cth) 2001;
• For Trusts and SMSFs – in addition to the above requirements, a full copy of the original Trust Deed, and any variations to the Trust Deed made since its inception. 

Important Note to Trustees:

11. It is a condition of us transacting with a Trust that the Trustee warrants to us that the Trustee has the full legal power and ability (and if the Trustee is a natural person, that it is not under any legal disability) to make the transaction as Trustee and indemnifies and keeps us indemnified against any loss or damage we may suffer as a result of this warranty being breached. The warranty is a continuing obligation on you that is given each time you transacts with us.

 MARKET LOSS POLICY

12. Once an order is placed with us all prices are locked and final. The risk of market price changes once we issue an invoice is borne by the customer. This policy is in place to protect us from market fluctuations and associated financial risks. A market loss fee will be incurred by you when the market spot price of a product decreases between the time the order was placed and the time you cancel the order, and you will be liable to pay the total of that loss. Customer initiated order cancellations, refusal or failure to pay a valid tax invoice on our terms of trade, may subject you to a market loss fee. In the event of market gain, you will not be entitled to any credit. If you are selling bullion back to us and you default in your performance of that contract (including in relation to shipment, quality, or quantity), we may cancel our purchase order to buy back the bullion and you may be subject to a market loss fee if market movement between the date of the purchase order issued by us and the date of the default causes us to suffer a loss. The market loss fee issued to you under this policy will be the total of the market loss suffered by us in AUD. Failure to pay the market loss fee may result in legal action being commenced against you and/or referral to a collection agency. We reserve the right to enforce or not enforce this policy at our complete discretion. It is a condition of all orders made with us that you read in full, understand and accept our Terms of Trade including this Market Loss Policy before you place an order. Where we assert a right to recover market loss in reliance on this policy, no exceptions will be made due to market conditions, buyer’s remorse, delayed payment, or failure to provide documentation (including, without limitation, identification verification) (whether in electronic or other material form) that we legally require under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), any other legislation or regulatory requirement relevant to its business or for its reasonable risk management purposes.

You indemnify us against any ancillary loss we may suffer in incurring legal fees and expenses, collection costs, and associated charges incurred in the recovery process.

EXCHANGE/MONEY-BACK POLICY/CHANGES TO ORDERS

13. We guarantee the purity, quality and specifications of all bullion products we sell. We will provide a full refund of the purchase price should the bullion not be pure or not match the description on the invoice.  Bullion delivered may vary in appearance from that depicted in the web shop or inspected at our office, as variations of bullion products occur due to different manufacturers, the age of the product, changes to packaging and the level of finish achieved by the manufacturer. An item may therefore not be an exact replica of that depicted in the web shop image or viewed in store, but all products dispatched will meet the specifications appearing in the invoice.  Such variations will not affect the buyback price offered by us.

14. If a product received does not meet the specifications on the invoice or the product is otherwise defective or doesn’t match the description of the goods sold we will either refund the purchase price in full or exchange the item for a product of equal value (subject to stock availability), at the customer’s choice.

15. Important Note to Customers: Our exchange/returns policy is subject to you complying with the following steps:

• You have a period of 24 hours from delivery of the items (according to the tracking information) to inspect the items to ensure that they conform to the quantity and description as listed in the Invoice.
• Should an item not conform to the description on the invoice, you must, within the 24 hour period, provide written notice to us via email providing full particulars of the nonconformity and whether you wish to have a refund or exchange the product. 

16. We will provide you with packing and shipping instructions.  We are not responsible should the item be lost or damaged during shipment back to us. You must take any measures you think desirable to insure or otherwise protect the item in transit to us. You will ensure that the item is adequately packaged so that it is not damaged during return transit.

17. We will not ship any replacement item/s to you until the original item/s are received by us. We will not accept any returns or exchanges for the following reasons:

• You have changed your mind;
• You are having financial problems;
• You have found a different item which you prefer;
• You have found the same item at a lower price elsewhere;
• You did not read this and exchange/refund policy and did not know you could not return your purchase.

SHIPPING AND IN-STORE PICKUP

18. We will advise you when an order is available for collection or for delivery. The cost of shipping including insurance will be automatically calculated during check-out for website orders and advised to you as part of the phone order process. If your order requires a custom shipping quote and you have already paid your invoice, our team will contact you with an updated shipping quote which you must pay before your order is shipped. If your order requires a custom shipping quote and you have not paid your invoice yet, we will adjust your invoice to reflect the shipping total.

19. Orders will only be shipped once full payment has been received as cleared funds and all identification verification requirements have been satisfied. 

20. We will supply to you by email tracking information so you can track the parcel. You are responsible for tracking the parcel until delivered. Orders will not be delivered where the address supplied is incorrect, illegible, incomplete or if you are away or have moved from the address provided. We are not liable under any circumstances for any loss or damage you may suffer because the parcel was collected or intercepted by someone else (whether that person was authorised by you to collect the parcel, or not).

21. Each invoice is insured for delivery for up to $20,000 per package using unsecured couriers, to a total of $100,000 product value per day. For example, if a purchase order is $20,001 it will be shipped in two separate packages as each package is insured only up to $20,000. Higher value bullion purchases may be sent using secured couriers. If applicable, we will obtain a quote for the shipping and advise you prior to arranging delivery of the order.

22. We may change the method of delivery, if the address is, for any reason in our discretion considered high risk, and you may be charged an additional shipping fee to ensure safe delivery.

23. Delivery to Melbourne Vault (MV) is a service provided by us at no charge where you so instruct, on condition that you have a custodial agreement in place with MV.  We do not deliver or arrange delivery to any other facility. We will advise you when the order is available for pickup from Liberty Bullion’s store. Bullion will be held pending collection for up to 30 days from the date of purchase without charge. Holding charges will apply if the order is not collected within 30 days. After 60 days Liberty Bullion may take action to dispose of the bullion in compliance with any applicable uncollected goods legislation.

DELIVERY PERIODS AND DELAYS

24. Orders for items that are currently in stock are usually shipped within five (5) business days of cleared funds being received into Liberty Bullion Bank Account.

25. Large orders (of items that are currently in stock) may take up to ten (10) days to be shipped.

26. Orders for items that are not currently in stock (pre-ordered) are subject to varying delivery times and depend on supply availability. We will endeavour to give you a reasonable estimate of delivery times, but do not guarantee a delivery timeframe under any circumstances and we will under no circumstances be liable for customer loss or inconvenience arising because of delayed shipping/delivery of products.

SUPPLY OR DELIVERY INTERRUPTED

27. We will make all reasonable efforts in the circumstances to minimise or remove the effect of Intervening Events so that we can reinstate our means of supplying our customers as efficiently as is practicable. However, under no circumstances will we be liable for any loss or damage suffered by you due to the effects of an Intervening Event on any transaction.

In this Clause: Intervening Event means any event beyond our reasonable control and includes:

1. Acts of God (including cyclones, earthquakes, pandemic/epidemic, floods, storms and other natural disasters
2. Significant interruption to any postal or courier service however caused
3. Labour restraints, industrial disturbances, strikes and stoppages, (except for those only affecting the personnel of Liberty Bullion)
4. Changes in laws regulating the sale and supply of bullion products,
5. Interruptions or outages to a power supply
6. Acts of a public enemy, including blockades, insurrections and wars; and
7. Acts of terrorism, civil disturbance, malicious damage, riots and sabotage.

WEBSITE SECURITY POLICY

28. All information you provide through our website is encrypted for your protection. The Liberty Bullion website has security measures in place to prevent the loss, misuse and alteration of the information under our control.  Your information is also protected by Liberty Bullion's Privacy Policy.  Subject to our Privacy Policy, all information received from you is treated in strict confidence.

INFORMATION AND LINKS TO OTHER WEBSITES

29. The Liberty Bullion website may contain information, articles or links to or from third party websites. These articles and linked websites are not under our control and we are not responsible for the content of any linked website or any hyperlinked website, or article or information sourced from a website.

30. The information contained on our website is given in good faith but no representation or warranty, express or implied, is made that such information is accurate or complete and it should not be relied upon as such. We provide articles and hyperlinks for your convenience only and the inclusion of any article or link does not imply any endorsement of the article or linked website by us. Any article or link provided to any such website is used entirely at your own risk.

FINANCIAL AND LEGAL DISCLAIMER

31. Purchasing precious metals involves significant risk, including of market pricing movement and that a certain investment product and/or investment vehicle is not right for you. Liberty Bullion does not accept any liability for any legal or financial decisions made by you on the basis of the information on our website or that may be given verbally or in writing by any officer, employee, agent or contractor of Liberty Bullion. We are not licensed to give financial advice. The content within the website is strictly informational, to be used as a source to better your knowledge and judgment before seeking such independent legal, accounting and financial professional advice as you may see fit. Under no circumstances should you assume, take for granted or guess that this content is anything other than informational data. All investments involve different degrees of risk depending on the individual circumstances of the customer and you should be fully informed of your risk tolerance level and your financial situation at all times. We urge you to obtain professional advice before proceeding with any purchase or transaction made with us.

WEBSITE ACCURACY

32. We are committed to providing exceptional customer service and quality products. We use all reasonable endeavours to make sure that all products listed on our website are currently in stock (or a clear note describing the potential delay if the product is not currently in stock) and that pricing is correct and up to date on a daily basis, however no liability is accepted for any errors or delays in the production of up-to-the minute information about the availability of any product at any specific price.

GENERAL TERMS AND CONDITIONS

33. These terms of trade are legally binding on you and it is a condition of us transacting with you that you warrant to us that you have read and understood them.

34. Liberty Bullion reserves the right to make any changes to its website (including bullion or other product prices) at any time without prior notice.

35. Where an ordering Customer consists of more than one individual or other legal entity:

• all entities will be considered joint owners for the purpose of all legal matters touching or concerning the relevant product and we may accept the receipt of one joint owner in full and complete discharge of our obligations to all joint owners; and
• All entities making up the Customer will be jointly and severally liable to us for any of our legal rights arising pursuant to a transaction or under any agreement with a customer.

36. The governing law of these terms of trade is the law of the State of Victoria and where applicable, the Commonwealth of Australia.

37. No failure or delay by us in enforcing this Agreement will amount to a waiver of any of our rights unless we have expressly waived those rights in writing.