Legal Disclosures and Service, Use, and Transaction Terms
Version Effective Date: June 20, 2023
MARKET AND INVESTMENT RISK
Neither Money Metals nor any Money Metals staff member serves nor is anyone at Money Metals permitted or authorized to serve as your personal investment advisor or to provide investment advice about securities or any other regulated financial instrument to you. We provide no advice about, nor do we recommend the purchase or sale of any security, whether listed on any exchange or otherwise specifically or generally. You agree to disregard any perceived investment advice from Money Metals or its staff. In reading these disclosures and doing business with us, you acknowledge that precious metals markets have inherent risks, are volatile, and are affected by economic conditions, political events, speculative activities, current demand, general market sentiment, and more. There is no guarantee of future profits or that any precious metal will retain its purchase value. You are responsible for your decisions to buy or sell precious metals products and they should be made in consultation with your own advisors. Investing in precious metals is not suitable for everyone. Since all investments can decline in value, you should understand them well and have adequate cash reserves and disposable income before investing. By purchasing or selling precious metals products through Money Metals (including your verbal and/or written agreements to lock pricing), you acknowledge that we are not responsible for any losses caused by your decisions, nor do we have any claim to any market gains you may enjoy. The retail market for physical precious metals is largely unregulated. This Website is provided “as is,” and to the fullest extent of the law we disclaim any and all warranties (express or implied) and any and all responsibility or liability for the accuracy, legality, reliability, or availability of any content on the Website. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. Money Metals also reserves the right to suspend or terminate the Website, products, or services at any time without prior notice.
All commentary and analysis contained within Money Metals' emails, publications, podcasts, and Website are provided for general educational purposes only. In no event is this information tailored to the specific needs of any person or group, and it does not constitute investment advice.
RETURNS AND REFUNDS
Your satisfaction of product quality is guaranteed on all orders. If you are not satisfied, you have three (3) days after receipt of shipment to notify our customer service team at 1-800-800-1865 of your dissatisfaction. No returns of any type will be accepted without prior notification to our customer service team before shipping your product. The decision to refund or replace your item will be at the sole discretion of Money Metals. Original shipping and handling charges are non-refundable. Should you return any item to us, you may be required to pay the return shipping and product value losses, if any, in our discretion. Orders may also be subject to a 5% restocking fee. All items returned must be shipped in our original packaging. In the case of a request for an exchange, Money Metals expressly reserves the right, in our sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable.
Returns of jewelry or silver statutes: These items may be returned within 30 days for a partial refund (rather than selling the item back at our current bid). You are responsible for shipping and insurance costs for the return, and there will be a 5% restocking fee. The item must be returned with all of the original packaging and paperwork -- in good condition. If there are market losses on the value of the metal, those losses will also be deducted from your refund amount.
ORDER ACCEPTANCE AND NON-CANCELABLE ORDERS
You agree that your order is an offer to buy (or sell, as applicable), under these Terms, all products and services listed in your order. All orders must be accepted by Money Metals, or Money Metals will not be obligated to sell (or buy, as applicable) the products or services to you.
You may not cancel any order once you place it with us. If you fail to follow through with timely payment on an order, you are responsible to us for any monetary damages (including, but not limited to, market losses, collection fees, setoffs, etc). By placing an order with us, you are liable for any and all losses in value of the items you ordered. Items you purchase will generally be shipped to you via common carrier within three (3) business days of your cleared payment (and upon full satisfaction of all amounts you owe to Money Metals) and should only take a few days to arrive. If an order is expected to take longer to ship, we will advise you when the order is placed.
We reserve the right to refuse, void, or liquidate orders (at any time and without notice and even after you receive a confirmation email or letter with your order number) from you if you fail -- or have previously failed – to honor your commitments, violate our Policies, attempt to circumvent our promotional conditions, where we detect potentially fraudulent or money laundering activity, or for any other reason at Money Metals’ sole discretion. To further protect against fraud and breach of contract, be advised that your phone transactions may be recorded and you consent to such recording as a condition of doing business with Money Metals, communicating with Money Metals by phone, or using the Website.
SHIPPING, DELIVERY, AND YOUR OBLIGATIONS
Notwithstanding certain exceptions discussed below, title and risk of loss pass to you upon our transfer of the products to the carrier. You must provide an accurate, current shipping address and be able to be physically present at that address when your shipment is scheduled to be delivered. In the rare event of a lost or stolen shipment, you must fully cooperate with any investigation we, law enforcement, postal authorities, and insurance adjusters may conduct. In such event, you also agree to sign a sworn affidavit stating the circumstances surrounding the damaged/lost merchandise. (For security and privacy purposes, we do not purchase insurance from the carrier.) Money Metals has sole discretion in determining whether to replace a lost shipment. Your waiver of any security and/or signature procedures or your failure to claim a package in a timely manner may serve as a basis for denial of coverage.
If a package is lost in transit, it is your responsibility to notify Money Metals of this within seven (7) days of the last in-transit tracking scan. While Money Metals will work to locate the package, we are not be liable for packages lost in transit when you did not notify us of a problem within seven (7) days of the last in-transit tracking scan. Moreover, we will not cover a loss where you do not notify us of a delivery problem within two (2) business days of a tracked delivery date -- or in any cases where you have left instructions with any carrier or delivery service to leave packages unattended for you, deliver to a different address, or deliver without following the direct signature procedure. This includes, but is not limited to, a building manager, neighbor, freight forwarder, a business mailroom, group mailbox, or a drop-off location such as Mail Boxes, etc. and The UPS Store.
If your package is being sent with a signature requirement, we understand that this process is not always being followed by the carriers. Packages may be left at or near your front door or in your mailbox, etc., without any direct communication from the delivery driver. It is therefore imperative that you are at the delivery address and ready to receive the package when the carrier arrives.
In the rare event the carrier (USPS, UPS, Fed Ex, etc.) attempts to deliver a damaged package to you, you should refuse to accept delivery of the shipment. Ask the carrier to make note of the damage and return the package to the sender. If you accept delivery of a damaged package, Money Metals will not be responsible for missing contents.
Should a package be returned to us after a failed delivery (or pickup) attempt, and you are unable or unwilling to make new delivery arrangements, we reserve the right after thirty (30) days to deem this as a return and liquidate the items on the order for the original purchase price or current market value, whichever is less. Funds will be held pending instructions on where to deliver them subject to a reasonable restocking fee that we may assess at our sole discretion. In circumstances where we are unable to locate or identify the owner of precious metals, we may place such metals into an account at Money Metals Depository and store them at the expense of the unlocated or unknown owner.
Money Metals is an Idaho small business, and, in some cases, we do not have an obligation (and/or ability) to calculate, collect, and remit such taxes on goods delivered into certain states. When you are in the order checkout process, we calculate, assess, and disclose sales taxes Money Metals is actually required to collect from you. Fortunately, 43 states have full or partial exemptions from sales and use taxes on gold, silver, and other precious metals. Even where we have not collected sales taxes, a use tax on customers' precious metals may still be imposed by states or localities that have not yet enacted exemptions. If your state and/or locality happens to impose a tax on any of the items you purchased -- precious metals or otherwise -- and we have not withheld such taxes, be advised that it is your obligation to pay directly to your state the applicable taxes you may owe.
To learn whether your state imposes a sales or use tax on precious metals, please visit this page. The laws of each state and locality differ, and sales and/or use tax applicability may vary as to your cart total and/or with respect to each individual precious metal, coin, bar, round, accessory, or other item you purchased. Unfortunately, this is a complicated area, so it is important to consult with your own tax professional if you are unclear on what tax obligations you may have. This information is provided as general information, and does not constitute legal advice.
SPECIAL NOTICE REGARDING GOLD AND SILVER ROUNDS
If your order includes any gold or silver rounds, for the avoidance of all doubt, please be advised that "rounds" are privately minted items, and in most jurisdictions are not considered to be legal tender "coins." Rounds are not (and do not purport to be) numismatic items, and they are not minted by any government. Rather, they are low-cost, privately minted products that are valued primarily for their precious metals content. Furthermore, Money Metals does not deal in imitation numismatic items, replicas, or copies of government-minted coins.
SELLING TO MONEY METALS
If you have sold items to Money Metals, make sure to package your shipment securely. Use good condition boxes and fill all voids completely in the box interior. Tape plastic coin tubes securely closed and seal the box with plenty of packing tape. Shipments over five (5) pounds should be double boxed. View our short video demonstration of proper boxing methods here. You should enclose your purchase order with your shipment so our staff can determine which client shipped the metal.
Unless explicitly agreed to by us otherwise, the price shown on your purchase order is for product in good, marketable condition. If the condition of your items is such that Money Metals, in its sole discretion, believes it cannot re-market the item(s) in the condition received, we may adjust your price lower, or, alternatively, we may return them to you at your expense, including payment for any applicable market losses Money Metals may have incurred. You must ship the metals within two (2) business days (unless the shipment has already been made or Money Metals already has possession of your metals). You are responsible for insuring the shipment for its full value. We highly recommend shipping via the US Postal Service, because USPS is currently the only carrier that will provide insurance for precious metals. Money Metals strives to issue payment within three (3) business days of receipt of the metals, unless otherwise agreed. Title and risk of loss pass to Money Metals upon delivery.
If you send items to Money Metals, you represent you are delivering genuine precious metal coins, rounds, and bars. You may seek the return (at your expense) of counterfeit and replica items shipped by accident to our facility. However, if items are not returned, you consent in advance that Money Metals may destroy the items. If there are market losses because you did not deliver genuine precious metals to us as agreed, Money Metals may pursue collection against you. (Be advised that deliberate attempts to pass counterfeit items may result in civil or criminal complaints as well as impounding of the counterfeit items.)
TRANSPARENCY IN PRICING
Money Metals believes that informed customers make better, happier customers, and we therefore strive to make pricing of our products transparent. We publish live spot prices around the clock and work to make information about premiums and discounts vis-a-vis the spot price accessible and understandable. The way we do this is by publishing spot prices, premiums, weight, purity, and current buyback prices on product pages with rare exceptions.* The spot market price of the underlying metals at the time of your order is also printed on your invoice. All references to ounces in the context of gold, silver, platinum, palladium, and rhodium are troy ounces, which is the standard unit of measure for precious metals worldwide. With the exception of the small number of numismatic coins, proof coins, and specialty items offered by Money Metals, our precious metals products are closely tied to the underlying metals price, with market-based premiums typically ranging from 2% to 20% over the spot price of gold per troy ounce and 4% to 40% over the spot price of other precious metals per troy ounce. Premiums do not represent Money Metals' gross profit on a transaction, as they generally include costs connected with minting, wholesalers, shipping, and logistics as well as other market factors.
PRICING OR TECHNICAL ERRORS
All orders placed through our order entry system are taken on a best efforts basis. Money Metals prides itself in providing the most up-to-date market pricing derived from a live global feed from a well-established service. Occasionally, errors can occur, and there may be a typographical or electronic pricing error. Under these rare circumstances, Money Metals retains the right to cancel, modify, or refund an order. Money Metals shall also not be responsible for any delays in the transmission, delivery, or execution of a customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Money Metals' reasonable control or anticipation. Commercial internet service providers are not 100% reliable, and a failure by one or more of these providers may affect internet-based order entry. The customer acknowledges that the order entry system is a mechanical system and, as such, may be subject to faulure beyond the control of Money Metals.
By using this Website, you are communicating with us electronically and consent to receive communications from us electronically. You agree that all electronic communications – including notices, disclosures, cancellations, and policies – satisfies any legal requirements that such communications be in writing.
COPYRIGHT AND TRADEMARKS
Intellectual property rights in any and all content that appears on the Website, including, but not limited to, copyright, trademark, patent, trade dress, trade secret, know how, and proprietary information, such content including, but not limited to information, articles, graphics, images, video, audio, logos, slogans, text, data, and photographs (“Content”) are the property of Money Metals. No license, right, title, or interest in the Website or any Content is transferred to you as a result of your access to or use of the Website or as a result of your purchase from or sale to Money Metals. By using the Website, you agree not to use or exploit any Content without the express prior written permission of Money Metals.
It is your responsibility to maintain the confidentiality of your account (including username and password) and to restrict access to any computer or other electronic device you use to access your account or complete a transaction. We provide you the option of enabling two-factor authentication on your account login and recommend its use. You must notify Money Metals immediately of any unauthorized use of your account or any other breach of security. By using our site, you accept full responsibility for any activity that occurs in connection with your account, whether initiated by you, by others on your behalf, or by any other means and expressly release Money Metals from any liability therefor. You further agree that you may be held liable for losses incurred by Money Metals due to any party using your account.
REVIEWS AND COMMENTS
User reviews and comments are the opinion of others and are not the opinion of Money Metals. Although Money Metals endeavors to remove false or defamatory comments, Money Metals is not responsible for the opinions of other users. Money Metals assumes no responsibility or liability relating to any such review or comment. Money Metals may delete or remove reviews and comments, with or without notice, at any time and for any reason.
You grant Money Metals a perpetual, worldwide, irrevocable, royalty-free, transferable, non-exclusive, unrestricted, unconditional, fully paid license to use, copy, reproduce, distribute, publicly display, adapt, publish, create derivative works from, and otherwise use all or any portion of your reviews or comments for any lawful purpose. Except as prohibited by law, you hereby agree to waive any rights that you may have in any review or comment. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. Further, to the extent necessary, you also grant Money Metals the unrestricted, royalty-free, perpetual right and license to use without compensation your name as it is conveyed on or through the Website.
LINKS TO THIRD PARTY WEBSITES AND CONTENT
This Website may include links to third-party websites or services. Money Metals does not review such links nor does their presence on the Website constitute any endorsement thereof by us. By using the Website, you acknowledge that we are not liable for any third-party content, products, or services, nor for the privacy practices of such websites.
NOT A REGULATED TRADING EXCHANGE, NO USE OF LEVERAGE
Money Metals is a retail dealer of physical precious metals that buys from and sells to the public. All precious metals transactions are conducted on a principal-to-principal, fully paid basis, i.e., we do not offer or sell any precious metals products on a leveraged or margin basis. Upon receipt of cleared funds for the full amount owed (including full satisfaction of invoiced and/or scheduled shipping costs, prior balances you owe, and other applicable fees), orders are promptly delivered to you directly or into a storage account you designate that is under your control. Money Metals' business activities are not governed by state and federal laws governing futures transactions, such as those laws administered by the Commodity Futures Trading Commission (CFTC). Money Metals' products are not considered "securities" subject to regulation by the Securities and Exchange Commission (SEC) or states, and neither Money Metals nor anyone associated with us will act, nor are they authorized to act, as your investment advisor or to provide investment advice to you. Money Metals is not a trading exchange as defined by the CFTC, the SEC, or states. Money Metals is a bonded, registered dealer (#68849) under Minnesota's novel bullion dealer law.
MONEY METALS DEPOSITORY AND RELATED DISCLOSURES
Money Metals Exchange LLC, Money Metals Depository LLC, and Money Metals Capital Group LLC (“the Companies”) maintain robust internal procedures and controls, including anti-money laundering and fraud detection programs as required under the Bank Secrecy Act. Our precious metals storage activities are not formally regulated by any state or federal agencies nor are customers’ precious metals covered by any state or federal insurance program if losses in value occur. Instead, we maintain robust, privately funded insurance that does not rely on taxpayer-funded bailouts or guarantees.
As a national dealer, Money Metals buys and sells gold, silver, platinum, palladium, rhodium, and copper in transactions with members of the public and dealers across the United States. Transactions are conducted on a fully paid, cash basis, and delivery of the metals occurs quickly upon settlement. We do not provide foreign exchange services, leveraged trading products, or futures nor do we engage in any leveraged or margin transactions with, or on behalf of, any customer.
Money Metals Capital Group provides revolving lines of credit to borrowers who tender their precious metals to us as collateral. Money Metals Depository (“the Depository”) provides storage services for customers wishing the Depository to hold their valuables in a highly secure way.
The Companies maintain an insurance policy underwritten by Certain Underwriters at Lloyd’s of London and StarNet Insurance Company covering All Risks of physical loss and/or physical damage to all stock of whatsoever nature involved in the conduct of the Companies’ businesses including, but not limited to, precious metals and semi-precious metals of every description and in whatsoever state, including mysterious disappearance and/or unexplained loss and shortage, employee dishonesty and theft, third-party dishonesty and/or theft, loss or damage from fire, flood, or other natural disaster. Loss from acts of war, terrorism, radioactive contamination, and chemical, biological, biochemical, and electromagnetic weapons are excluded.
The Depository operates a large UL Class 3 vault in Eagle, Idaho. (Class 3 construction is the highest possible security rating by Underwriter’s Laboratory.) The facility utilizes multiple perimeters of electronic and physical security (including, but not limited to, armed security), video surveillance, and redundant systems. Employee background checks, access controls, dual-control procedures, double-blind counts, reconciliations, routine internal audits, and annual independent audits are hallmarks of operating procedures. All movements of high value items are documented and tracked. The Depository offers physically segregated storage of customer property at its Idaho facility. The Depository also offers storage arrangements at well-established and insured third-party Class 3 vaults, including depositories in Massachusetts, Delaware, and the Cayman Islands. The Depository does not offer any unallocated storage methods, including through its depository partners.
Neither the Companies nor any of their principals have been party or subject to any liens, bankruptcies, judgments, litigation, prosecution, or regulatory action involving financial or commodity statutes, rules, or regulations.
CERTIFICATION OF AML PROGRAM / SUPPLY CHAIN POLICY
The United States has enacted the Bank Secrecy Act with the goal of deterring and detecting money laundering and the financing of terrorism. All precious metal dealers and pawn shops doing business in the United States that both buy and sell more than $50,000 in qualifying metals, stones, and/or jewels per year are required to maintain an Anti-Money-Laundering (AML) program. By selling precious metals to Money Metals, you certify you either (i) have a written AML program that complies with the Bank Secrecy Act; or (ii) you are exempt from coverage under the Act under the retail, industrial, or other exemption specified in the Interim Final Rule for Dealers in Precious Metals, Stones, or Jewels 31 CFR § 1027.100 or pursuant to an administrative exemption granted by the Financial Crimes Enforcement Network.
Furthermore, as a condition of selling precious metals to Money Metals, you agree that any precious metals sold did not originate from one of the countries defined in 17 CFR §§ 240 and 249b as “Covered Countries.” Money Metals will immediately terminate or suspend a person or business if we become aware of upstream suppliers identified as a likely risk of having sourced from such countries.
DIGITAL MILLENNIUM COPYRIGHT ACT
Money Metals complies with the United States Digital Millennium Copyright Act (“DMCA”). Upon receiving proper notification of copyright infringement by any material on the Website, Money Metals will remove the identified copyrighted material. Money Metals' designated contact and agent for such notifications is Doug Shockley. He can be reached through this form.
APPROPRIATE USER CONDUCT AND USE
You may not use the Website for any illegal, infringing, abusive, or unauthorized purpose and must at all times comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Internet use and conduct.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MONEY METALS NOR THEIR OWNERS SHALL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, ENHANCED, OR INCIDENTAL DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR THE GOODS AND SERVICES PROVIDED. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON MONEY METALS’ LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. BY AGREEING TO THESE POLICIES, YOU AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM MONEY METALS.
Money Metals shall not be liable to any other party for any failure to perform any obligation, failure to perform under any contract or other agreement, or due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made occurrence outside of our control that causes the termination of such contract or other agreement entered into or that could have been reasonably foreseen.
GOVERNING LAW AND ATTORNEY’S FEES
These Policies shall be governed by the laws of the State of Idaho. Any disputes arising under or related to these Policies or the Website shall be governed by and construed in accordance with the internal laws of Idaho without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Idaho. Should you bring an action against us in another jurisdiction and we prevail in removing such action to the proper venue, you agree to pay our reasonable attorneys’ fees, costs, and expenses.
Nothing in these Terms shall be interpreted to prevent Money Metals from seeking an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, any Content, and/or Money Metals’ intellectual property rights, Money Metals’ operations, products or services.
INTEGRATION AND SEVERABILITY
*There are a relatively small number of products where we do not, or cannot, break out the actual premium over spot. In general, this may occur when our pricing is not directly connected to the spot price and is fixed instead. Or it is a higher premium item that is not a core offering of Money Metals.