Terms & Conditions

1. DEFINITIONS

As used in these Terms and Conditions (“Agreement”), the following definitions apply:“BOLD” means BOLD Precious Metals, LLC, including its parents, subsidiaries, officers, directors, employees, contractors, agents, successors, and assigns.“Customer” means any individual or entity accessing the Website, creating an account, or transacting with BOLD.“Order” means a binding transaction in which Customer submits a purchase order to buy Products from BOLD or a Buy Back Transaction to sell Products to BOLD.“Locked Price” means a price confirmed by BOLD to Customer for a Buy Back Transaction. A Locked Price constitutes a binding contract subject to these Terms.“Market Loss” means the difference between Customer’s contracted price and BOLD’s replacement or liquidation price at the time of Customer’s default or BOLD’s cancellation due to Customer breach.“Administrative Fee” means a fixed $35.00 charge applied upon any cancellation, failure to perform, or other breach.“Business Day” means any day other than Saturday, Sunday, or federal holidays when banks in Travis County, Texas are open.“Delivery” occurs when a carrier marks a package as delivered, or when delivered to any person at Customer’s address, or when released under Customer’s signature-waiver or delivery instruction.“Inspection” means BOLD’s process of authenticating, weighing, testing, and evaluating Products sent to BOLD, including destructive testing where reasonably necessary.“Non-Conforming Item” means any item inconsistent with Customer’s representations, including counterfeit, altered, damaged, short-weight, improperly described, or otherwise unacceptable items.“Website” means www.boldpreciousmetals.com and affiliated digital systems.

2. ACCEPTANCE OF TERMS

Customer’s access to the Website, creation of an account, request for a quote, or placement of any Order constitutes Customer’s agreement to be legally bound by this Agreement. No Customer may transact with BOLD absent full acceptance of these Terms.This Agreement governs all Orders, communications, representations, shipments, inspections, and liabilities between Customer and BOLD.

3. ELIGIBILITY

Customer represents and warrants that Customer:

  • Is at least 18 years old and legally competent;
  • Is not prohibited by law from purchasing or selling precious metals;
  • Provides accurate and complete information;
  • Will comply with all laws applicable to the transaction.
BOLD may refuse any Order or terminate any account at its sole discretion.

4. FORMATION OF CONTRACT

A binding contract forms:(a) Purchases from BOLD — Upon BOLD’s issuance of an Order number;(b) Sales to BOLD (Buy Back) — Upon BOLD’s confirmation of a Locked Price.Time is of the essence in all transactions.

5. PURCHASE OF PRODUCTS FROM BOLD

5.1 Price Confirmation

Upon issuance of an Order number, the purchase price becomes final and Customer assumes all market risk.

5.2 Payment Deadlines

Customer shall remit payment as follows:
  • Bank Wire: initiated within one (1) Business Day.
  • Check: postmarked within one (1) Business Day; received within five (5) Business Days.
  • All payments: received within ten (10) calendar days.
Failure constitutes default.

5.3 Customer Default

If Customer fails to perform any obligation:
  • BOLD may cancel the Order;
  • Customer owes the Administrative Fee and full Market Loss;
  • Future Orders may be suspended until paid.

5.4 Pricing Errors; System Errors; Right to Cancel

BOLD uses commercially reasonable efforts to ensure pricing accuracy. Nevertheless, Customer acknowledges pricing, typographical, or system errors may occur.BOLD reserves the absolute right, in its sole discretion, to refuse, cancel, or terminate any Purchase Order affected by an error regardless of whether:
  • An Order number has been issued;
  • Customer received a confirmation email;
  • Payment has been received; or
  • The error is discovered before or after acceptance.
If payment was received, BOLD shall refund the amount paid less any non-refundable processor fees, and such refund is Customer’s exclusive remedy.Customer expressly agrees that:
  • No enforceable contract exists where the price is affected by an obvious or material error;
  • Customer waives all claims for expectation damages, lost profits, reliance damages, or specific performance;
  • Customer’s sole recourse is return of funds actually received by BOLD.

5.5 Selling to BOLD / Buy Back Policy

a. Quotes Are Indicative Only (Not Contracts)

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.

b. Price “Lock” and Formation of Agreement

A binding buy back transaction is formed only when: (i) you and BOLD verbally agree on the price over the telephone or in another method expressly approved by BOLD; and (ii) BOLD confirms to you that the price has been “Locked.” Once the price is Locked, you are entering into a binding and legally enforceable agreement to sell the agreed products to BOLD at the Locked price, subject to these Terms and Conditions, including BOLD’s Market Loss Policy.

c. Shipping and Time Requirements

After a price is Locked:

  • You must ship the agreed products to BOLD within one (1) business day of the Lock.
  • Products must be received by BOLD within ten (10) business days of the Lock.
  • You must provide BOLD with a valid tracking number by email or phone once the shipment has been tendered to the carrier.
    If the products are not received within ten (10) business days, BOLD may, at its sole discretion, cancel the buy back transaction, treat the order as a cancellation under the Market Loss Policy, and/or require a new quote and price Lock for any future transaction.

d. Risk of Loss and Shipping Responsibility (Seller to BOLD)

Unless BOLD expressly provides you with a prepaid, insured shipping label, you are solely responsible for:

  • selecting the carrier and shipping method
  • properly packaging the products
  • insuring the shipment for full replacement value; and
  • the risk of loss or damage to the products while in transit to BOLD. BOLD is not responsible for any loss, theft, or damage that occurs before the products are physically received and checked in at BOLD’s facility.

e. Inspection, Authenticity, and Condition; Payment Timing

All products sold to BOLD are subject to receipt, verification, and inspection for quantity, weight, authenticity, and condition consistent with the description provided at the time of the quote and/or price Lock.

  • BOLD will not issue payment until the products have been fully checked in and accepted by BOLD.
  • If the products are received and accepted as described, BOLD will generally initiate payment within a commercially reasonable time (typically within a few business days) via the payment method agreed upon at the time of the Lock.
    Title to the products passes to BOLD only upon BOLD’s final acceptance and initiation of payment.

f. Items Not as Described; Counterfeit, Altered, or Non-Conforming Items

If, upon inspection, BOLD determines in its sole discretion that any product:

  • is not as described;
  • is counterfeit, altered, damaged, cleaned, or otherwise materially different from what was represented; or
  • is a product BOLD does not purchase, then BOLD may reject the product entirely or offer to purchase it at a revised price.
  • BOLD will notify you of any rejection or revised price.
  • If you decline BOLD’s revised price, you may provide BOLD with a prepaid, trackable shipping label within a reasonable period (e.g., 10 business days) for return of the rejected items.
  • If you do not provide a prepaid label within that time, BOLD may, at its option, (i) ship the items back to you at your expense using a method of its choosing, or (ii) treat the items as abandoned and dispose of them in accordance with applicable law.
    In the case of suspected counterfeit or stolen items, BOLD may be required to retain the products and cooperate with law enforcement and may be unable to return such items.

g. Late Receipt, Non-Receipt, and Market Loss Policy

If a price is Locked and you fail to:

  • ship the products within one (1) business day;
  • ensure that the products are received by BOLD within ten (10) business days; or
  • otherwise comply with these Terms and Conditions, BOLD may treat the transaction as cancelled and apply its Market Loss Policy , including:
  • a $35.00 (USD) administrative fee, and
  • any Market Loss (as defined), calculated as the difference between the Locked purchase price and BOLD’s current purchase price for the same or comparable products at the time BOLD cancels the transaction.
    For sales to BOLD, such fees and Market Loss amounts may be deducted from any funds payable to you or invoiced to you, and you agree to pay all such amounts within ten (10) business days.

h. Items Received After Cancellation

If BOLD cancels a buy back transaction because the products were not timely received, and the products later arrive at BOLD:

  • BOLD is not obligated to honor the prior Locked price.
  • BOLD may, at its discretion, (i) provide a new quote based on then-current market prices, or (ii) notify you and give you the option to provide a prepaid return shipping label so that the products can be returned to you.
  • If you elect to have the items returned, you are fully responsible for the cost of return shipping.
  • If you do not respond or provide a prepaid return label within a reasonable time, BOLD may treat the items as abandoned and handle them in accordance with applicable law.

i. Seller’s Representations

By requesting a quote, locking a price, or shipping products to BOLD, you represent and warrant that:

  • you are the lawful owner of the products, or are duly authorized to sell them;
  • the products are free and clear of all liens, security interests, and other encumbrances; and
  • your sale of the products to BOLD does not violate any applicable law or regulation.

j. Compliance and Identification Requirements

BOLD reserves the right to require identity verification, tax forms, and any information reasonably necessary to comply with its internal policies, anti-money laundering obligations, and other legal requirements. BOLD may refuse to Lock a price, complete a transaction, or issue payment if you do not provide requested documentation to BOLD’s satisfaction.

6. PAYMENT TERMS

  • Orders ship only after BOLD receives Good Funds.
  • Checks and ACH payments may be held up to 10 banking days, or 45 days if fraud is suspected.
  • processing fees for credit cards, PayPal, Apple Pay, etc., are non-refundable.
  • Customer authorizes BOLD to charge any stored payment method for amounts owed, including Market Loss.

7. CUSTOMER DEFAULT; MARKET LOSS

Customer is in default if Customer:
  • Fails to pay timely;
  • Attempts to cancel an Order;
  • Violates shipping deadlines for Buy Back;
  • Provides false information;
  • Engages in fraud;
  • Violates any term herein.
Upon default, BOLD may assess:
  • Administrative Fee;
  • Market Loss;
  • Collection costs;
  • Suspension of future Orders;
  • Any other remedy allowed by law.
Market Loss is a valid liquidated damage, not a penalty.

8. SALE OF PRODUCTS TO BOLD (BUY BACK TRANSACTIONS)

8.1 Quotes Are Non-Binding

All quotes are informational and may be modified or withdrawn at any time prior to issuance of a Locked Price.

8.2 Locked Price

A binding contract is formed only upon BOLD’s confirmation of a Locked Price.

8.3 Shipping Obligations

Customer shall:
  • Ship within one (1) Business Day after a Locked Price is issued;
  • Ensure BOLD receives items within ten (10) Business Days;
  • Provide BOLD the tracking number immediately.
Failure constitutes default.

8.4 Pricing Errors; System Errors; Right to Cancel (Buy Back)

If any Buy Back quote or Locked Price is affected by a pricing, typographical, or system error, BOLD may cancel the Buy Back Transaction at any time.
Refunds or returns will follow Section 8.7.
Customer waives all claims arising from such cancellation other than return of any items not subject to law-enforcement retention.

8.5 Risk of Loss

Unless BOLD supplies a prepaid insured label, Customer bears all risks of loss, theft, or damage until BOLD physically receives and signs for the package.

8.6 Inspection and Testing

BOLD’s Inspection is dispositive and may include destructive testing if necessary. Customer consents to all testing

8.7 Non-Conforming or Counterfeit Items

If an item is determined to be Non-Conforming:
  • BOLD may reject it or revise its offer;
  • Customer must provide a prepaid return label within ten (10) Business Days;
  • Failure to provide a label constitutes abandonment;
  • Counterfeit items may be surrendered to law enforcement.

8.8 Late Delivery

If items arrive after the required delivery deadline, BOLD may:
  • Cancel the transaction;
  • Assess Market Loss and Administrative Fees;
  • Provide a new quote;
  • Return items at Customer’s expense.

9. SHIPPING; RISK OF LOSS; INSURANCE

  • BOLD insures shipments only until Delivery.
  • Customer instructions waiving signatures or authorizing alternative delivery void insurance.
  • Customer must inspect and report issues within 48 hours of Delivery.
  • Failure to cooperate in an insurance claim voids coverage.

10. RETURNS

  • Bullion returns permitted within 30 days if in original, unaltered condition.
  • Jewelry returns permitted within 30 days; customized or altered items are not returnable.
  • Shipping charges are non-refundable.

11. FRAUD PREVENTION; IDENTITY VERIFICATION; AML

  • BOLD may delay, cancel, or recall shipments if fraud is suspected.
  • Customer must provide identification or documentation when requested.
  • BOLD maintains an Anti-Money Laundering program and may file Suspicious Activity Reports.

12. WEBSITE USE; INTELLECTUAL PROPERTY

Customer may not copy, scrape, modify, reverse engineer, or commercially exploit the Website or its content without BOLD’s written consent.

13. USER CONTENT; DMCA

Any reviews or content posted by Customer grant BOLD a perpetual, worldwide license. DMCA procedures apply for copyright claims.

14. INVESTMENT RISK; DISCLAIMER OF WARRANTIES

Precious metals markets are speculative and volatile. BOLD does not provide investment, legal, or tax advice.
Products and Website are provided “AS-IS” WITHOUT WARRANTY OF ANY KIND.”

15. LIMITATION OF LIABILITY

BOLD’s maximum liability shall not exceed:
  • one hundred dollars ($100.00), or
  • the amount paid in the transaction at issue,
whichever is less.BOLD shall not be liable for consequential, incidental, punitive, or special damages.

16. INDEMNIFICATION

Customer shall indemnify and hold BOLD harmless from any claims arising out of Customer’s breach, misuse, fraud, or violation of law.

17. ARBITRATION; CLASS ACTION WAIVER; COORDINATED CLAIMS

All disputes shall be resolved exclusively through binding arbitration administered by the AAA, or JAMS if AAA is unavailable.Customer waives any right to participate in class, collective, or representative proceedings.Coordinated Claims (25+ similar filings) shall proceed under a bellwether protocol. All non-bellwether claims remain stayed.Customer may opt out of arbitration within thirty (30) days of first acceptance of these Terms.

18. GOVERNING LAW

Texas law governs this Agreement.
Actions to enforce arbitration awards shall be brought exclusively in Travis County, Texas.

19. ASSIGNMENT

Customer may not assign this Agreement without BOLD’s written consent. BOLD may assign its rights and obligations freely.

20. FORCE MAJEURE

BOLD shall not be liable for delays caused by events beyond its reasonable control.

21. CONFIDENTIALITY OF TRANSACTION INFORMATION

Customer agrees to maintain the confidentiality of transaction details and pricing information.

22. MODIFICATIONS

BOLD may amend these Terms at any time. Continued use constitutes acceptance.

23. ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive understanding between the parties.

24. SEVERABILITY

Any invalid provision shall be severed; all remaining provisions remain enforceable.

26. CONTACT INFORMATION

BOLD Precious Metals, LLCAttn: Legal Department
7301 Ranch Road 620 N, Suite 155-194
Austin, TX 78726
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