Copyright 2016, Gold Stackers (Aust) Operation Pty Ltd, All rights reserved
Please make sure to read the terms and conditions before using the Gold Stackers Australia website or services
At the time that an invoice or purchase order is created you enter into a binding contract with Gold Stackers (Aust) Operation Pty Ltd and that you agree to be bound by these terms. Should you require any clarification or additional information please contact the Gold Stackers Australia office on 1300 618 363
1. In these terms and conditions unless context otherwise requires:
ACL – Means the Australian Consumer Law schedule of the Competition and Consumer Act.
Agreement – means this agreement comprising these terms and conditions and any other document incorporated into this agreement by express reference.
Available funds – means cleared funds, including funds which have been made available by means of direct debit.
Business day – means a day that Australian banks and foreign exchange markets are open for business in Brisbane, Australia.
Contract – means the contract evidenced by and created when we issue and invoice or purchase order.
CRA – Credit Reporting Agency
Gold Stackers – means Gold Stackers Operations Pty Ltd or any of its related or associated entities.
Product – means precious metals and any other products sold or purchased by Gold Stackers from time to time.
Website – means the website or websites operated by Gold Stackers or any associated or affiliated company.
2. These terms and conditions apply to all transactions and dealings between the customer (hereafter referred to as “you” or “your”) and Gold Stackers (hereafter referred to as “Gold Stackers”, “we” or “us”) regardless of the method of transaction used.
3. Gold Stackers is not responsible for any loss or liability incurred by you that is in connected with any dealing or transaction with us, that is contemplated or actual, except to the extent of a liability imposed on Gold Stackers by the ACL.
4. Any information provided by Gold Stackers including but not limited to ay information posted on the website is general in nature and not advice. Gold Stackers does not warrant the accuracy of that information and the information should not be relied upon by you.
5. These terms and conditions supersede any previous terms and conditions you may have with us and any previous obligations entered into with the company will be treated as if the present terms and conditions apply. Gold Stackers reserves the right to alter the terms and conditions and will publish any amendments on the Gold Stackers website.
6. By using the website or any other service provided by Gold Stackers, including but not limited to making a purchase, making a sale, placing an order, opening an account, reading articles or any material on the website you are agreeing to the terms and conditions set out in this agreement.
7. You enter into an binding contract with us at the time that an irrevocable offer is accepted, whether placed over the counter at our offices, by phone, email or through our website, and that any loss suffered by Gold Stackers will be charged to the customer if they purport to withdraw the offer)
8. You may submit an offer to buy or sell a product or service from Gold Stackers however we are not bound to accept any offer/order or enquiry received from you.
9. Payment terms of the contract are within one business day from the time of processing unless otherwise agreed by us in writing. Non-payment within the specified period of time will result in a default by the customer and you will also be liable to a default fee of $150 and any other losses or damages that Gold Stackers suffers as a result of reliance on the offer.
10. The price quoted by us at the time of your submission of the application is indicative only and can be subject to confirmation with the tax invoice sent to you. Further Gold Stackers reserves the right to correct any errors which are shown on the invoice at any time subject to giving you notice. You agree to accept without limitation the price on the corrected invoice.
11. Our invoice will stipulate the time of delivery of product to you and this will be based on the availability of product at that time.
Warranties, Representations and Acknowledgements
12. You warrant and represent that;
- You have sufficient knowledge and experience to make informed decisions about your transaction with us and if not, that you have received independent professional advice,
- You are making your own decision in connection with the transaction with us and that Gold Stackers has not provided any recommendation in relation to the transaction,
- All information provided by you via the Account Application and identity verification process is complete, accurate and correct and not misleading. Any changes in circumstances should be advised by you to us in writing,
- Than you have full capacity, power and are authorised to enter to contractual obligations and exercise rights.
- If you are a trustee of a trust or a Self-Managed Superannuation fund that you have the rights to be fully indemnified out of the trust assets for any obligations whatsoever arising from your dealings with us,
- That at all times during your business dealings with Gold Stackers you are and will be in a position to meet all your commitments and obligations that relate to these dealings,
13. You acknowledge that;
- For any purchase or sale of product using Gold Stackers that you have sufficient experience and knowledge to make informed decisions about that purchase.
- That you are aware that investment in precious metals is a risk and that it does not necessarily guarantee a profit or yield.
- We are not responsible for the reliability of any third party information that has been made available to you.
- That when we agree and arrange delivery, transport, insurance and storage of product for you, we do so as agent and to the maximum extent permitted by law, without liability,
- Title in any product passes to only you when we receive the available funds, risk of any product purchased by you passes you as far as permitted by the ACL
- That we use our best endeavours to supply the product within the timeframe permitted by the invoice however Gold Stackers is not liable for any loss, damage or inconvenience suffered by you or any third party for a failure to meet any estimated date.
- That prices published by Gold Stackers either on our website or by email or other means of communication are indicative only and subject to these terms and conditions, the pricing of your particular order will be fixed at the time of tax invoice.
- That we do not offer refund or exchange of products once purchased,
14. We offer a fully insured vaulting service which storage fees are agreed with the customer. We hold a purchase that is not nominated for vaulting for a short time only free of charge. You will need to arrange to take delivery of the product in a within 5 working days otherwise an automatic vaulting and storage fee will have to be paid for before you can take delivery of the product.
15. Gold Stackers acknowledge that;
- At all times we will endeavour to deal fairly and in due turn with all orders to buy and sell products,
- It’s the practice for Gold Stackers to deal with all orders in sequence of their receipt otherwise as expeditiously as possible, however we reserve the right to suspend trading, or immediate fulfilment of orders in times of high market volatility or fast moving market conditions,
- We have the sole discretion to introduce of amend storage fees or storage conditions however we will endeavour to notify you of such an amendment,
- We may from time to time engage third parties to perform services on behalf of Gold Stackers and that these third parties are entitled to the full benefit of these conditions including and exclusions of liability to the same extent as Gold Stackers.
Orders and Instructions
16. All orders and instructions are subject to these terms and conditions.
17. It is your responsibility to make sure that any instructions given to Gold Stackers are in accordance with the law.
18. If Gold Stackers or a third party acting on behalf of Gold Stackers considers that its in our reasonable interest to do so we may decline to act on your behalf in relation to any particular dealing, without explanation or advance notice.
19. That Gold Stackers has the absolute discretion and right to correct any trading, incorrect pricing or administrative errors. This includes but is not limited to reversing orders, cancelling orders or correcting a mistaken price calculation without your consent or explanation.
20. If more than one person constitutes a customer, then they are jointly and severally bound by these Terms and Conditions and that Gold Stackers is able to act upon the instructions of any one of those people unless specified otherwise in writing by the customers.
Payment, Shipment, Insurance and Default
21. The currency, unless otherwise stated, for any transaction is Australian Dollars (AUD).
22. The full purchase price for any product, commissions, fees and charges in connection with your account must be paid by the settlement date or at an earlier time as required by Gold Stackers.
23. Any order must be paid for within 24 hours (or one business day) of the order being placed. In the event payment is not made within the above you agree that Gold Stackers may amend the price of the product to reflect market pricing or cancel the order.
24. Any costs incurred by Gold Stackers relating to the recovery of any final amounts owing and any other third party charges or fees levied on us in connection with the recovery will be reimbursed in full by you.
25. You must compensate and indemnify us in respect of any or all losses. Claims and expenses incurred by us as a result of your default, including any losses incurred by exiting any hedging positions taken by us as a result of your contract.
26. Freight and Insurance is optional and this service is provided by Gold Stackers through recommended third party contractors. We reserve the right to choose the most appropriate method of delivery, if a method of delivery is not specified by you at the time of the order.
27. All Gold Stackers orders for delivery require insurance which will be calculated as a percentage of the total order value and will be clearly stated on the invoice. Please note that the insurance only covers transit from despatch until first arrival at the nominated delivery address. Insurance does not cover incorrect or incomplete delivery address or third parties signing for the delivery, unless specifically authorised.
Storage/Vaulting (allocated and unallocated bullion)
28. Gold Stackers via its subsidiary Gold Stackers Treasury Reserve offers secured in-house vaulting services for both allocated and unallocated storage.
29. Storage charges for allocated bullion are incurred quarterly and apply from the date that your order for storage is accepted by Gold Stackers. Gold Stackers will issue invoices each quarter, specifically on the 31st March, 30th June, 30 September and 31st December (or the last working day for that month). These invoices are to be paid within 7 days of the date of the invoice.
30. Gold Stackers offers its customers the option of purchasing bullion by way of an unallocated “pool” system. Product purchased this way is stored as unallocated bullion. If bullion is purchased this way then Gold Stackers will arrange to store bullion on behalf of the customer until the customer calls for delivery of the unallocated bullion. All unallocated bullion will be subject to the same terms and conditions (except for storage costs which will, unless otherwise notified, be free of charge) as any other customer with allocated storage.
31. The customer agrees to pay any freight, handling, barring or other expenses in relation to the redelivery of the product.
32. Gold Stackers will only accept an offer for allocated or unallocated storage where Gold Stackerss facilities permit and we may refuse to provide these services at our discretion. Products in the custody of Treasury Reserve Vault are covered against theft or loss under a general insurance policy for bullion replacement value. Items that may be considered “Collectable” will be limited to their bullion replacement value only, regardless of brand or design.
33. Gold Stackers will have a general lien on any bullion that you have provided to Gold Stackers or purchased through Gold Stackers for any charges or expenses due or which will become due to Gold Stackers. This includes any charges and expenses arising out of any contract you may have with us. If any charges or amounts owing are not paid in full or the bullion is not collected Gold Stackers may remove any of the bullion at your risk and expense and sell all or any of the bullion that Gold Stackers thinks fit and apply the proceeds to discharge the lien and costs of sale without being liable to any person for any loss or damage caused.
34. Except in these terms and conditions any contract with Gold Stackers does not include any other term, condition or warranty with respect to the quality, fitness for purpose, condition or merchantability of the bullion or any contract for remedy for their failure.
35. As a consumer there is nothing contained in these terms and conditions that modifies or limits your rights and remedies against Gold Stackers under the ACL.
36. If you on-supply any bullion sold by Gold Stackers to another consumer the goods are not for personal domestic or household use and the amount in 276A(1) of the ACL will be the absolute limit of our liability, otherwise payment of an amount required under 274 of the ACL will be the absolute limit of our liability.
37. If Gold Stackers is not able to perform and obligations under this agreement as a result of any event that is out of its control, including government intervention, military activity, strikes, terrorism, financial crisis, derivative meltdown, failure of a supplier or storage partner that may delay.
38. Subject to the completion of any outstanding obligations, these arrangements may be terminated by either party giving no less than seven days’ notice to the other party.
39. You must not assign any agreement without prior written consent of Gold Stackers. Gold Stackers reserves the right to assign any agreement without notice to you.
40. If the whole or any part of a provision of any agreement is or shall become void, unenforceable or illegal, the remainder of any agreement shall have full force and effect. The parties agree that in such a case, the provision held void, unenforceable or illegal shall be replaced by such provision that in its commercial and legal context is most similar to the provision held void, unenforceable or illegal.
41. This Agreement shall be governed by and construed in accordance with the laws of Queensland and the Parties hereby submit to the exclusive jurisdiction of the courts of Queensland.
42. The information contained on or linked to the website is general information. Nothing on this site is or purports to be advice. You should not rely on any information on or linked to the website. If you need advice, you should seek personal professional advice based on your own circumstances.
While every effort is made to ensure the information and links on the website are accurate, the technology is changing at such a speed that the information and links may not always be up to date. Website material is not legal advice.
Any content, including publications and email newsletters, on this website is intended only to provide a summary and general overview on matters of website development or general interest. This information is not intended to be comprehensive nor does it constitute legal advice of any form. We attempt to ensure that the content is current but we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the content.
43. Gold Stackers is not responsible to you or anyone else for any loss suffered in connection with the use of the website or any of its content. This includes, but is not limited to, the transmission of any computer virus. Gold Stackers makes no warranties or representations about the website or any of the content. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this website, its content or the information on it. Where liability cannot be excluded, any liability incurred by us in relation to the use of the website or the content is limited as provided under the ACL. We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of the website, including loss of business profits.
44. The website collects and analyses information from users.
We record your visit and log information for statistical purposes including your IP address, the date and time of the visit, pages accessed and documents downloaded. This information may be analysed to determine our sites usage statistics and help us improve our services.
Gold Stackers has an obligation to identify customers under the Anti-Money Laundering and Counter-Terrorism Financing Act, 2006 (AML/CTF Act). We may disclose personal information such as your name, date of birth, and address to a CRA to obtain an assessment of whether that personal information matches information held by the CRA. The CRA may give us a report on that assessment and to do so may use personal information about you and other individuals in their files. Alternative means of verifying you are available on request. If we are unable to verify your identity using information held by a CRA we will provide you with a notice to this effect and give you the opportunity to contact the CRA to update your information held by them or verify your identity using an alternative method acceptable to us.
Information collected through the Contact Us pages or through any of the forms available on this site will be stored on the Gold Stackers databases. Your information may be disclosed to a third party in order to provide you with the full services from Gold Stackers.