Terms Of Service
Conditions of Use
By using the A-Precious Metals website or any other service(s) provided by A-Precious Metals Inc., you hereby agree to the following User Agreement. These terms apply to all orders, purchases, and sales made through www.A-PreciousMetals.com, by telephone, or by any other means.
We urge you to read and understand these User Agreement, as well as all policies and procedures before using any A-Precious Metals service(s). It will be necessary for you to acknowledge reading, understanding, and accepting all terms of these User Agreement before placing any orders with, or selling to A-Precious Metals, Inc.
We reserve the right to change this User Agreement at any time without any notice. Any and all changes will be posted on the A-Precious Metals website and, except when otherwise noted; all changes will take effect immediately.
This User Agreement sets forth the entire agreement between A-Precious Metals and you in regards to the material contained within it.
If you have any questions regarding this agreement, or any rights or obligations described within it, please contact A-Precious Metals at 1-800-806-6349.
Definition of Terms
Current Market Value- The most current market price of the commodity.
Business Day- is defined as Monday through Friday, except for federal or state holidays, from 9:30 am (EST) – 5:00pm (EST),
Market loss- any loss between your quoted price and the current market price.
Ex Your order of 1oz was confirmed @ $1000, when you canceled or your order was canceled the prices of 1oz was @ $1050. The market loss would be $50.
Market gain- any gain between your quoted price and the current market price.
Ex Your order of 1oz was confirmed @ $1000, when you canceled or your order was canceled the prices of 1oz was @ $950. The market gain would be $50.
You- the customer who is purchasing or selling to A-Precious Metals, Inc.
The following policy applies to all bullion sales and purchases.
1.1 Confirmation of Price
Confirmation of price will be issued upon the completion of an order to buy or sell and a confirmation number will be issued. Said price will be the final price and there will not be any cancellations permitted upon receipt of a confirmation number. For our cancellations policy please refere to 1.4
Orders over $7 000 CAD/USD
All submitted orders with a with a total value that is greater than $7,000 (seven thousand) and up to and including $35,000 (thirty five thousand ) USD/CAD (as applicable) must have to have at least 15% of the total value of the order(s) in cleared funds with A-Precious Metals Inc. In the alternative, you can place an order, however, 15% of the total order must be received by us before 4:00PM EST on the same business day of placed order to secure the purchase price. Orders over $35,000(thirty five thousand dollars CAD and/or/USD will require 50% of the order price to be paid in advance to secure the price quoted. Failure to make full payment the next business would result in forfeited secured funds.
1.2 Full Payment
All monies must be received by A-Precious Metals by 4:00OM EST the next business day. If full payment is not received by 4:00PM EST the next business day, A-Precious Metals Inc, may at its sole discretion; a) accept your order, b) refresh the quote based on the market price at the time A-Precious Metals receive the payment or c) cancel your order and enforce the conditions of our Market Loss Policy. .(for cancellation please refer to section 1.4)
1.3 Selling to us
The sell price quote is confirmed when a confirmation number has been issued and the sale cannot be cancelled once we have issued a confirmation number. All sales to A-Precious Metals Inc. must be shipped within 24 hours. If A-Precious Metals does not receive the items within 5 (five) Business Days, A-Precious Metals reserves the right to; a) purchase items at current market value or b) decline the sale to us. All purchases or sales with A-Precious Metals Inc. constitute and is hereby a legally binding agreement. (for cancellation please refer to section 1.4)
1.4 Cancellation of Orders
All prices are (purchases and/or sales) are final and binding upon receipt of a confirmation number. Should you wish to cancel your order, you must do so in writing or by telephone during the hours of 9:30am to 4:00pm EST from Monday to Friday. All cancellations are subject to a $60.00 (sixty dollars) CAD restocking fee and applicable market loss fee(section 1.5). You also forfeit any right and hereby acknowledge that any funds that were used to secure the order will be the property of A-Precious Metals.
1.5Maket loss policy
In addition to a $60 (sixty dollars) CAD cancellation fee will you be subject to any market loss. You forfeit any rights and hereby acknowledge that any market gain which occurs as a result of cancellations belongs to A-Precious Metals Inc. We also reserve the right to cancel any orders when the confirmed price is incorrect for any reason. In addition, we may cancel your order at any time if we do not receive your payment(s) in the time frame outlined below.
1.6 Return Policy
Bullion items may not be returned. A Precious Metals Inc. may, at its own discretion, purchase the bullion back from you at current market values.
1.7 Payment Options
We accept Money Order/Bank draft, INTERAC e-Transfer, Paypal, Bill payment, Telpay andBank Wire as acceptable means of payment for online orders. Exceptions are as follows:
Accepted Method of Payment
INTERAC e-Transfer, PayPal**, Bank Draft
Next day by 4:00pm EST
INTERAC e-Transfer, PayPal**, Bill Payment, Telpay*,
Next day by 4:00pm EST
PayPal**, Bill Payment, Telpay*, Bank Wire
Next day by 4:00pm EST
Bill Payment, Telpay*, Bank Wire,
Next day by 4:00pm EST
Over $35 000
Bill Payment, Telpay*, Bank Wire,
*Must already have an existing TelPay account
** Paypal orders can only be made through our trade desk via telephone
1.8 Bank Drafts, Money Orders & Cashier’s
There will be a mandatory holding period of 15 (fiftteen) Business Days (“Holding Period”) for all certified cheques, money orders and bank drafts. The “Holding Period” shall commence on the first Canadian banking day after your payment has been confirmed as received by A-Precious Metals Inc.. If payment is not cleared by the end of the Holding Period we reserve the right to hold order until funds have become available and at our sole discretion ; a) accept your order, b) refresh the quote based on the market price at the time A-Precious Metals receive the payment or c) cancel your order and enforce the conditions of our Market Loss Policy. (for cancellation please refer to section 1.4)
All orders placed with PayPal will only be shipped to the verified billing address supplied by Paypal. Orders will be held until this information is verified and we reserve the right to refuse any order where the billing address defers from the credit card billing address.
2.1What information do we collect?
A-Precious Metals collects information from you when you register on our site, place an order or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information, expiration date & security code. We collect this information to be able to process your order and to offer you our newsletter and special deals. You will need to give your consent before any processing takes place and your personal data will only be used for the purposes stated in these terms and conditions and or at the point of collection. We are committed to maintaining the highest standards of personal data protection and will not collect information about you without your consent.
2.2 Do we disclose any information to outside parties?
A-Precious Metals does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may provide anonymous aggregate statistics about our members, site traffic patterns, and related site information to reputable third-parties, but these statistics will not include personally identifying information. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
"Cookies" are small files left behind on your computer when you visit a website. When you return to a website, the browser sends this file to the website's server. This allows the site to recognize who you are and perform certain tasks like: keeping you logged-in to a secure area of the site, to enable you to easily retrieve fresh quotes or place additional orders without having to re-enter your name and shipping data. A-Precious Metals does not store cookies for credit card information and must be re-entered when it is needed. You are responsible to always verify all information automatically filled or filled by you for accuracy. A-Precious Metals is not responsible or liable for the accuracy of any information entered by you or automatically entered.
2.4 Security Policy
A-Precious Metals takes the security of your information very seriously. Our e commerce system uses the latest SSL (Secure Sockets Layer) technology - the industry highest level of encryption technology. It is used to create a secure transaction environment for commerce on the Internet. If your browser and local network support the use of encrypted data transmissions, our Secure Checkout mode locks all information (i.e.: your credit card number) passed from you to Coastal Contacts in an encrypted envelope, making it extremely difficult to be intercepted by an unauthorized party. SSL technology is compatible with Netscape, Internet Explorer, AOL, Web TV and most other browsers. It is the same level of encryption technology that NASA and the CIA use. This ensures that your credit card information remains totally secure.
We provide you the opportunity to "opt-out" of having your personally identifiable information used for certain purposes. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by sending an email message to remove@A-preciousmetals.com with "remove" in the subject line and your address will be deleted from our active mailing list.
3.0 User Agreement
3.1 Limitation of liability
The information contained in this website is for general information purposes only. The information is provided by A-Precious Metals and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of A-Precious Metals. We have no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation or endorsement by A-Precious Metals Inc.
The information provided in this website is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice. Therefore, it cannot be relied upon as such. Should you require such advice, contact a licensed professional. The information provided herein is provided on an "as is" basis without any warranty of any kind, whether express or implied and your use of this website is entirely at your own risk.
Every effort is made to keep the website up and running smoothly. However, A-Precious Metals takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues. .
3.2 Default; Rights and Remedies
A-Precious Metals reserves the right to exercise any and all rights available to it by law in the event of your failure to comply with any obligations you owe A-Precious Metals.. This includes, but is not limited to, using any of your funds being held by A-Precious Metals to satisfy your financial obligations to us. We may also offset any financial obligation we owe to you, against your outstanding obligations.
We reserve the right to turn your account over to a collections agency or lawyer for collection if necessary. In that event, you are responsible for paying all costs associated with the collection, including, but not limited to attorneys fees and court costs and any other costs related thereto
No delay or failure to act on our part can be construed as a waiver of any right or remedy. Also, no action upon any right or remedy will limit further exercise of that right or remedy.
By using any A-Precious Metals service you agree to allow it to charge the credit card you have provided for any market losses incurred by A-Precious Metals as a result of your failure to fulfill any obligation, should it elect to do so.
3.3 Absence of Relationship
Upon using any A-Precious Metals inc. service, the only relationship created is that of a buyer and a seller. No other legal relationship exists or is implied.
Our written consent is required before you may transfer or assign these Conditions of Use, any rights it grants you, or any obligations to another party. This User Agreement will be considered binding on any allowed transfer or assignment and any successors of A-Precious Metals.
It is our goal that all disputes can be resolved in a timely fashion. To that end, use of any A-Precious Metals service requires that you agree to dispute resolution as outlined below:
• Forum Selection: The Provincial Courts of Mississauga, Ontario shall have jurisdiction in any disputes. Disputes must be resolved within those Courts. By using any A-Precious Metals service, you agree to waive any objection to the jurisdiction of those Courts.
• Governing Law: This User Agreement shall be governed and interpreted in agreement with the laws of Ontario, Canada.
• Waiver of Jury Trial: Arbitration: BOTH A-Precious Metals AND YOU WAIVE YOUR RIGHT TO TRIAL BY JURY AND ARBITRATION IN THE EVENT OF ANY DISPUTE.
3.4 Further Assurances
By using any A-Precious Metals service, you agree to complete and provide any other reasonable documentation or actions which may be required.
All communications with us must be through an authorized agent of A-Precious Metals in the Province of Ontario. All communications to you will be sent to the mailing address, or e-mail address you provided upon registration.
3.6 Absence of Waivers
Any failure or decision not to take action in response to any of your failures to comply with these Conditions of Use does not affect the ability of A-Precious Metals to act upon any other such failure.
If any term of the User Agreement is found to be unenforceable under the applicable laws, it does not affect the enforceability of any other term. If you have any questions regarding A-Precious Metals, contact us: via email at info@ A-PreciousMetals.com, or by phone at 1-800-806-6349, or by mail at A-Precious Metals,14-30 Eglinton Ave W suite 213 Mississauga, ON L5R 0C1