eStore Terms and Conditions
General
The GOLDMEMBERS.COM eStore (also referred to as the "eStore") is an on-line store for purchasing precious metal products from GOLDMEMBERS through the Internet. You must be of the age of majority in your state, province or territory of residence to register and make purchases through the eStore. Once you have registered for the eStore, you may complete purchases through the eStore using your Visa, MasterCard, American Express credit card or use PayPal. We do not set a maximum daily transaction limit (purchase amount before taxes, administration fees and shipping).
The GOLDMEMBERS.com eStore is only available to residents of Canada and the United States and purchases through the eStore will only be delivered to Canadian and American residential and business addresses. We do not deliver to PO boxes or general delivery addresses. Id delivery is to a commercial address, then the contact name and telephone number must be provided for the recipient of any order and this individual must sign to receive good or they will be returned at the recipient’s expense in the case the individual can nopt sign for the good when delivered and they must be returned. If we are unable to deliver to your address, you will be notified via e-mail.
If you visit the eStore site or purchase an item on it, you agree to these terms and conditions. Your future use of the eStore site means that you agree to the terms and conditions in effect at that time. These are our Purchase Terms and conditions.
You also agree to be bound by and abide by any policies currently in place or developed in the future with respect to the use of the site or transactions which can be conducted on the site. Any policies we have will be posted here under Terms and Conditions. Your use of the eStore indicates your agreement to the policies in place at the time of such use.
You are encouraged to print or save this Agreement for your future reference.
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY RELATED POLICIES WHEN YOU USE THE eSTORE SITE AND THE SERVICES OFFERED THROUGH IT. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS SITE.
Registration
You must create a profile for the eStore which will contain your name, address, e-mail address and telephone number. This information is stored in a secure manner. Other information will be required to validate your identity (such as date of birth, driver's license, passport number or other relevant identification) as well as your preferred method of payment and other information. You will also be asked to choose a login name, password, and set up certain questions to which only you know the answers. This information will be referred to collectively as your "Login Credentials." This information will be used to access the catalogue and purchase areas of the site. Your “Login Credentials” will be treated as your electronic signature for all aspects of the eStore, especially for the purchase of any item from the eStore. You must keep your PIN secure and not divulge it to any other person. You must not store it in a manner that would make it available to any other person such as by writing it down, whether disguised or not. You also must not choose a PIN which is based on readily known information such as your birthday, telephone number or license plate, amongst other information. Note that we will never ask for your e-mail address or password through e-mail or other means.
Communicating with Us
If you wish to communicate with us about any aspect of the eStore, please e-mail us. If you e-mail us, you agree to accept communications from us electronically. Our main business address (no precious metals are stored or kept at this location) is:
GOLDMEMBERS.COM, 2211 Thurston Drive, Suite 200, Ottawa, ON, K1G 6C9 Canada
Attention: Goldmembers.com
You may send us written correspondence, although we encourage you to use our e-mail facility.
Information Use
We will use the information you have provided us to validate your identity by accessing your credit data from a credit bureau. We will use it to corroborate the information you have given us, including your address, to enable us to confirm your identity as required under the relevant "Know Your Client" requirements we are subject to. You specifically consent to our accessing credit bureau information about you for these purposes. This information will not be used in any credit assessment. We will also provide your name, address and email information to the courier service provider for shipping purposes.
Registration Fee
There is a small registration fee when you sign up to register for the GOLDMEMBERS.com eStore. The fee (referred to as the "Registration Fee" or "Identity Verification Fee") is to pay for the identity verification process through the credit bureau information referred to above. The fee is currently $10 USD. If we change it, we will update these terms and conditions and the fee schedule for the GOLDMEMBERS.com eStore. If you make a purchase through the GOLDMEMBERS.com eStore, we refund this fee as a credit on your first purchase transaction. You will pay our then-current fee each time you change your address on your profile regardless of whether you have made a purchase or not. This fee is required to pay for the costs associated with identity verification. If you make a purchase through the GOLDMEMBERS.com eStore, we will refund you this fee as a credit on your next purchase transaction. In some cases, we may not be able to authenticate the information you have given us. We may, but are not obliged to, further investigate your registration information. However, regardless of whether we do this or not, you will still be charged the registration fee. If we cannot verify the information you have given us, we will not register you.
Catalogue
The items available for purchase through the GOLDMEMBERS.com eStore will be set out in the catalogue portion of the web site. These items will change from time to time. The items may not be exactly as illustrated and are subject to availability. The dimensions and weight are approximate. All items are subject to availability. We will tell you whether a particular item is available or not. The catalogue will be amended from time to time.
Pricing
The price indicated next to the items in the catalogue is what is called "indicative pricing". This is a price that indicates the approximate sale price of each item without taking into account short term increases or declines. The price next to the item in the catalogue is not the final price of the item. Once you click on an item, you will be given a live quote which is refreshed periodically. This is not the final price. The final price for each item will only be indicated on the final market order page which will be the sale price if the order is completed within the time limit indicated on the page. If you do not complete your purchase within the period of time indicated, you must complete a new order which will have a different sale price based on the movement of the price of the item in question in the ensuing time. Any taxes which are payable on your purchase will be added to the total amount required to be paid by you. All amounts are quoted in US dollars.
Completing Your Transaction
You will be asked to add your chosen item(s) into your shopping basket as well as indicate the manner in which you wish to pay for them. Any purchase will be subject to the rules and agreements you have in place with your credit card provider or financial institution. Each transaction may be subject to further verification by your credit card provider or financial institution and you may have to input further passwords to verify the transaction.
Your clicking on the "Accept" button means that you have agreed to purchase the items indicated in your shopping cart and the terms set out in this agreement. You will be given the opportunity to review the terms of your purchase prior to being asked to agree to complete it. We encourage you to check it carefully to avoid any errors.
We reserve the right to cancel any transaction you may make through the GOLDMEMBERS.com eStore, including after you have received a confirmation from us that the proposed transaction has been received and is being processed. We may do so in our discretion, including in cases where we suspect attempted fraud. You may not cancel any transaction after you have clicked on the "I Agree" button of the final confirmation page at which point all such sales are final.
The total purchase price will be made up of several components. The first will be the final price for the item(s) you have purchased. We will also charge an administrative fee for the transaction which will be 3 percent of the total transaction price plus a flat fee of $12, which may be changed from time to time. This fee is to cover our handling and insurance costs. In addition, you will pay the shipping fees for the order which will be set out on your confirmation page. These fees are set by courier service provider and are paid to them. All these fees are not refundable. These fees are more fully described on the Frequently Asked questions posted on the eStore.
Note that purchases made at different times cannot be combined into a single order and will be processed and delivered separately.
Shipping
Anything that you purchase through the GOLDMEMBERS.com eStore will be delivered to the address you have indicated in your registration profile. GOLDMEMBERS.com eStore purchases may not be delivered to any other address. Your purchase will be delivered by the courier service provider at your expense and the cost of delivery will be quoted to you in your purchase order. Delivery will be subject to the courier service provider's normal terms and conditions which are available on the courier’s website (courier service provider indicated on purchase receipt). In making your purchase, you agree to these terms and conditions. The shipping costs are non-refundable. You agree that the courier may leave the parcel containing your purchase with an apparently adult person at the address you have indicated in your profile. Neither we nor the courier shall have any responsibility to prove the age of the recipient or determine their identity. It is your responsibility to ensure that you have made proper arrangements for the receipt of the parcel containing your purchase.
If your purchase is not delivered within 5 to 7 business days after purchase, contact us through the means we have set out in this Agreement.
Refunds
Except in the case of an unequivocal error on our part, we will not refund all or any portion of the purchase price for your purchases. If we have sent you an item other than the one you have purchased, your sole remedy will be that we will send you the correct item on return of the item incorrectly sent undamaged and with its original packing slip and packaging. Otherwise, we will re-purchase the item from you at our then-current purchase price plus our normal fee for this service. This purchase price may be greater or lesser than the one in place at the time you purchased the item.
Liability
If your “PIN Login Credentials” are used to make any purchases on the GOLDMEMBERS.com eStore we will consider that it has been used by you in agreeing to the transaction and we will hold you liable for all such use. For this reason you must adhere to the safe computing practices which are set out above or are made available from time to time. You will be liable to complete the transaction.
Records
We will provide to you a confirmation page which will have all of the information with respect to your purchase. An e-mail confirmation will also be provided to you after your order has been processed. You may print this document or save it to your computer. You will be given a summary of your purchase for your review prior to your final agreement to it. We strongly urge you to review your purchase order carefully prior to completing it to ensure that it reflects your understanding of the transaction.
We will also email you an invoice. That document as well as this Agreement constitutes the whole agreement between us.
You agree that our records of any transaction or other activity conducted through the GOLDMEMBERS.com eStore will be binding unless you can provide us with compelling evidence that they are incorrect. You will have 15 days from the submission date of an order to report any issues with respect to that order including non-delivery and non-compliance with the order you made. We will then undertake an investigation which will be completed within 30 days after reporting. Some complaints may take longer to resolve as a result of evidence gathering and we will work with you to come to an appropriate resolution.
Disputes
Any dispute arising out of your visiting or use of the site or to products you have purchased through the Site shall be settled pursuant to your contacting us using the online form below:
General
This Agreement is subject to and will be interpreted under the laws of Ontario in Canada or the State of California in the United States and all US and Canadian Federal laws applicable therein. We may change these terms and conditions from time to time and the manner in which the GOLDMEMBERS.com eStore functions. You agree to be bound by the terms of any such changes or amendments. Specifically, any transaction you complete after any change or amendment will be completed in accordance with the new terms and your agreement to the transaction will be agreement to the revised terms.
Any headings set out in this Agreement are for convenience only and are not to be used in the interpretation of the Agreement content.
If any of the conditions set out in this Agreement are deemed invalid, void or unenforceable for any reason, the provision in question shall be deemed to be severed from this Agreement and the remainder of this Agreement shall remain in full force and effect.
The GOLDMEMBERS.com eStore is available only to residents of the United States and Canada and deliveries of purchases may only be made to addresses in the United States and Canada.
We make no warranty that the GOLDMEMBERS.com eStore will be continually available or that it will function error-free. We will not be liable to you for your use of the GOLDMEMBERS.com eStore and in particular will not be liable to you for any damages of any kind including direct, indirect, incidental or punitive damages.
THE GOLDMEMBERS.com eSTORE SITE IS PROVIDED BY THE GOLDMEMBERS.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOLDMEMBERS.COM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT OR PRODUCTS INCLUDED IN THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOLDMEMBERS.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.