USER AGREEMENT
User’s Acknowledgment and Acceptance of Terms and Conditions
The capitalbullion.net website and its associated services and content (collectively, the “Website”) is owned and operated by Capital Bullion, Inc. (“Capital Bullion,” “our,” “we,” or “us”). By using, placing an order for products, or selling products through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between Capital Bullion and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making purchases from Capital Bullion, making sales to Capital Bullion, and placing orders with Capital Bullion. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. CAPITAL BULLION STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
By purchasing from, making sales to or ordering from Capital Bullion, whether by telephone, through the Website or otherwise, you are subject to all terms, conditions, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read it carefully.
Please direct any legal questions regarding this Agreement to:
Capital Bullion, Inc.
Attn: Legal Department
[email protected]
1. About the Website
Capital Bullion provides an interactive service that allows visitors and users to purchase and sell physical bullion, such as gold and silver, online or over the phone. Capital Bullion provides high quality products to its customers by working closely with mints and distributors.
The Website and related content on the Website should not be considered complete or up to date. Your reliance upon any information provided by Capital Bullion, Capital Bullion’s contractors and employees, others appearing on the Website at invitation by Capital Bullion, or other visitors or users of this Website, is solely at your own risk. You understand that Capital Bullion is not obligated to provide any maintenance, technical or other support for the Website.
2. Ownership of Website and License
You acknowledge and agree that Capital Bullion is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Capital Bullion.
Capital Bullion hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms and conditions of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Capital Bullion, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Capital Bullion.
3. Trademarks
All trademarks, common law or registered trademarks displayed on this Website are the property of their respective owners. Specifically, all Capital Bullion marks are the property of Capital Bullion, including, but not limited to Capital Bullion® and all Capital Bullion logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Capital Bullion. You are prohibited from using Capital Bullion’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Capital Bullion.
4. Account Registration
Account registration and use of the Website is free. You may search, view, purchase, and sell products from this Website as a guest, without registering for an account. If you choose to register an account and create a User Profile, complete the required information. When creating an account, placing an order, or selling on the Website, you are agreeing to receive email and/or text notifications. You may opt out of these notifications at any time.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company name, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. We may also gather certain types of non-personal information about your visit to protect the security of our customers, the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy. In the event of a conflict between the terms and conditions set forth in this Agreement and our Privacy Policy, the terms and conditions of the Privacy Policy will control.
You have a duty to ensure the information you provide through your account is truthful, current, complete, and accurate. You understand and agree you have an ongoing duty to update and keep current the information provided through your account if and when such information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. Capital Bullion reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated User Profiles. You accept full responsibility for all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact Capital Bullion immediately. You agree to hold harmless and indemnify Capital Bullion for any damages that arise out of, or in relationship to, the use of your Account.
5. Order Policies and Procedures
By creating an Account, you agree that Capital Bullion, and its designees and agents, may contact you by any available means, including, but not limited to, by phone, by text message, and by email.
You may make purchases, sell to, and order from Capital Bullion only in accordance with this Agreement and accompanying policies and procedures. Upon placing an order to purchase or sell with Capital Bullion, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information is required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Capital Bullion within two (2) business days for bank wire orders. All check orders must be postmarked for delivery within one (1) business day. If a check payment is not received in its entirety within ten (10) calendar days of the original order date, or a bank wire order is not received in its entirety within two (2) business days of the original order date, any market losses between the order date and time of non-payment will be assessed.
A completed order is denoted by our receipt of funds in our bank account (wire) or clearance of payment (check). In most cases, orders will be denied if payment is completed after the allotted time frame. If any order is in error due to Capital Bullion’s fault or otherwise, we reserve the right to cancel the order.
6. Buy Back (Sell to Us) Program
When selling to Capital Bullion through the Buy Back Program, all products sold to Capital Bullion must have a minimum Buy Back price sum of $1,000, unless otherwise arranged at Capital Bullion’s discretion. Most Buy Back prices will be locked in up front when the customer’s credit card information is collected. Buy Back prices are calculated based upon the customer’s good faith representation of the product and the current Spot Prices. However, Capital Bullion reserves the right to require product receipt prior to locking in all Buy Back prices. Upon receipt of the products, Capital Bullion will inspect the products for authenticity, quantity, and condition. If the products are not true to the customer’s initial representations, Capital Bullion reserves the right to make a revised offer or reject the transaction at its discretion. In the event of rejection, the customer is responsible for all return shipping fees, which will be automatically charged to the customer’s credit card on file. As a general policy, the Buy Back may not be cancelled but may be offset at Capital Bullion’s current purchase price.
Buy Back Sales to Capital Bullion must be shipped within one (1) business day, and you must contact Capital Bullion via email at [email protected] or telephone at 888-292-1307, to provide a tracking number so we may confirm the product is en route. If you have elected to drop off your items at a local Stacks Bowers storefront, this must be done within 48 business hours. Should you choose to use one of our prepaid shipping labels, you are responsible for following all shipping instructions you are sent to ensure the shipping insurance is valid. Customers are responsible for all costs related to shipping Buy Back products to Capital Bullion. All products must be received by Capital Bullion within ten (10) business days, or you will be charged any Market Losses. If Capital Bullion does not receive the product within ten (10) business days and the delay is attributable to the carrier, Capital Bullion may extend the deadline, in its sole and absolute discretion. Customers are solely responsible for the Buy Back products they ship to Capital Bullion up until Capital Bullion confirms receipt of such products. Capital Bullion is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from Capital Bullion. Packages that arrive damaged to our facility will be rejected.
Without limiting any other legal or equitable rights and remedies that may be available to Capital Bullion, in the event of any failure by you to comply with this Agreement, Capital Bullion may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
7. Fraud
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies, banks and credit card issuers for fraud investigation. We fully reserve the right to cooperate with authorities to prosecute offenders of the law.
8. Payment Options
Capital Bullion requires all payments be made via Cryptocurrency, bank wire, personal check, certified check, cashier’s check, ACH/eCheck or money order. Capital Bullion does not accept credit card convenience checks or any third-party checks. Depending upon the amount of an order, Capital Bullion reserves the right to request additional documentation for certain orders. Capital Bullion also reserves the right to hold cleared certified checks, personal checks, cashier’s checks, or money orders for up to ten (10) banking days prior to shipping. In cases of suspected fraud, certified checks, personal checks, cashier’s checks, ACH/eCheck, or money orders may be held up to 45 (forty-five) calendar days, although this is rare. Payment via bank wire is always recommended.
In the instance of an insufficient funds paper check payment, Capital Bullion reserves the right to cancel the order and charge administrative fees and/or market loss fees, and/or bill the payable balance to the Check on file.
9. Payment Instructions
Capital Bullion will issue payment instructions to you during the ordering process and via email following completion of your order. Capital Bullion does not accept Cash on Delivery orders. Capital Bullion reserves the right to cancel orders where payment is not dated within two (2) business days for bank wire orders or one (1) business day for paper check orders.
10. Cancellation Policy
Once you have placed an order with Capital Bullion you have entered into a binding legal agreement and you may not cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price (“Purchase Price”) may be offset (product sold back to Capital Bullion) at Capital Bullion’s current Asking Price (“Asking Price”) on the day that we receive your written request for such an offsetting transaction.
All order offset requests must be made during normal business hours, Monday-Friday, 8:00 AM to 6:00 PM US Central time. Capital Bullion reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time Capital Bullion shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee. In the event of a confirmed cancelled order, you expressly authorize Capital Bullion to bill the Buyer for the difference between the Purchase Price and the Asking Price, Capital Bullion 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 unless and until any cancellation and other related fees are paid in full. All market gains on cancellations shall belong solely to Capital Bullion.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged. After Capital Bullion has shipped the product, the order is final and cannot be canceled. If you refuse to accept the shipment, the product will be returned to us and you may either pay to have it reshipped or accept Market Loss fees upon return. Capital Bullion reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Capital Bullion deems questionable or suspicious, for orders Capital Bullion deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Capital Bullion does not receive payment within the allotted timeframe.
Capital Bullion is not responsible for pricing or typographical errors related to merchandise on the Website, and expressly reserves the right, in its sole and absolute discretion, to cancel all orders placed with respect to such merchandise. In the event of a cancelled order, Capital Bullion will contact you directly with notification of the cancellation.
In some instances, if the order has been packaged and prepared for shipment but has not been picked up by the shipper, JM Bullion may, at its sole and absolute discretion, attempt to intercept the package from shipping. This is rarely possible, but when it is, a $15.00 charge will be charged to the customer’
11. Return Policy
Capital Bullion’s refund, return and exchange policy is limited to five (5) business days from the date you receive the item. You must notify Capital Bullion’s Customer Service Department via telephone at 888-292-1307 within five (5) business days from the date you receive the item and follow the instructions provided to you at that time. Shipping charges are non-refundable. You are fully responsible for all taxes, as well as return shipping costs, including insuring your return shipment. Capital Bullion may reject any returned or exchanged item that does not conform to these terms. Shipments returned to us will not be held more than 3 days. In the case of a request for an exchange, Capital Bullion 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 Capital Bullion’s Market Loss Policy. All market gains on refunds, returns, and exchanges shall belong solely to Capital Bullion.
12. Capital Bullion Market Loss Policy
Upon issuance of an order number following a purchase from Capital Bullion, the price is guaranteed, and you may not cancel the transaction. The transaction may only be offset at Capital Bullion’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Capital Bullion sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our Market Loss Policy. Market gains on cancellations or returns shall remain the property of Capital Bullion. Furthermore and to the extent Capital Bullion does not have any of your funds in its possession, Capital Bullion reserves the right, in its sole and absolute discretion, to charge market loss fees to any credit card you have on file with Capital Bullion.
Without limiting any other legal or equitable rights and remedies that may be available to Capital Bullion, Capital Bullion may elect to apply any and all of your funds in its possession to satisfy your monetary obligations and/or may offset any obligations that Capital Bullion may have to you. Capital Bullion also reserves the right, in its sole and absolute discretion, to apply any/all funds in its possession toward the satisfaction of your obligations to Capital Bullion.
