IMPORTANT NOTICE
Please read these Terms carefully, including the Mandatory Arbitration Provision in Section 19, which requires that certain disputes be resolved by final and binding arbitration on an individual basis, and not on a class-wide or consolidated basis. You agree to waive your rights to participate in a jury trial or class action of any kind. If you do not agree to be subject to arbitration, you may opt out by following the instructions in Section 19.
Table of Contents
- Introduction and Acceptance
- Eligibility and Account Registration
- Products, Pricing, and Spot Price
- Order Policies and Procedures
- Payment Terms and Methods
- Sell-To-Us Program
- Returns and Cancellations
- Shipping, Insurance, and Delivery
- International Orders
- Investment Risk Disclosure
- AML and Regulatory Compliance
- Intellectual Property Rights
- Restrictions on Use
- User-Generated Content
- Third-Party Links
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution and Arbitration
- Governing Law
- Force Majeure
- Privacy
- Electronic Communications
- Modifications to Terms
- Severability and Entire Agreement
- Contact Information
1. Introduction and Acceptance of Terms
Welcome to Goldman Fischer ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and the Company governing your access to and use of our website, our mobile applications, toll-free telephone services, and any other services we provide (collectively, the "Services"). These Terms apply to all orders, sales, and purchases made through the Services, whether as a guest or registered account holder.
BY ACCESSING, BROWSING, OR USING THE SERVICES, OR BY PLACING AN ORDER TO PURCHASE FROM OR SELL TO US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
2. Eligibility and Account Registration
2.1 Eligibility Requirements
The Services are intended for use by individuals who are at least eighteen (18) years of age and who possess the legal capacity to enter into binding contracts under applicable law. By using the Services, you represent and warrant that you meet these eligibility requirements. The Services are not intended for use by anyone under the age of 18, and we do not knowingly collect personal data from minors.
2.2 Account Creation
You may browse our Services as a guest; however, certain features, including the ability to place orders, may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 Account Security
You must use a strong password and must not share your account credentials with any third party. You agree to notify us immediately of any unauthorized access to or use of your account. We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms.
3. Products, Pricing, and Spot Price Disclosure
3.1 Product Descriptions
We make every effort to display and describe our products as accurately as possible. However, we do not warrant that product descriptions, images, or other content on the Services are accurate, complete, reliable, current, or error-free. All weights of gold, silver, platinum, palladium, and other precious metals are expressed in troy ounces, which is the standard unit of measure for precious metals worldwide.
3.2 Pricing and Spot Price
All prices displayed on the Services are quoted in United States Dollars (USD) unless otherwise specified. Our product prices are based on the prevailing market spot price of the underlying precious metal at the time of your order, plus a premium. Spot prices are dynamic and fluctuate continuously based on global market conditions.
We strive to provide transparent pricing by publishing live spot prices on our website. The final price of your order is determined and locked-in at the moment your order is confirmed. We reserve the right to correct any pricing errors and to refuse or cancel any order placed at an incorrect price.
IMPORTANT: Prices displayed on our website are indicative and subject to market volatility. All quotes are non-binding and may change without notice until order confirmation and payment in full. Posted prices may not reflect current market conditions and should be considered reference prices only.
3.3 Sales and Use Tax
Depending on your shipping destination, you may be required to pay applicable sales and use taxes. We will calculate and collect any required taxes at checkout. For jurisdictions where we do not collect sales tax, you may be responsible for remitting any applicable use tax directly to your state or local taxing authority.
4. Order Policies and Procedures
4.1 Placing an Order (Sales Order)
When you place an order to purchase products from us (a "Sales Order"), you are making a binding offer to purchase those products at the price displayed at the time of order confirmation. Once we issue an order confirmation number, the price is locked-in, and a binding contract is formed between you and the Company.
4.2 Order Acceptance and Refusal
We reserve the right to accept or refuse any order at our sole discretion. We may refuse or cancel orders for reasons including, but not limited to, product availability, errors in product or pricing information, suspected fraud, or if the order is deemed to pose a significant risk to the Company.
4.3 Price Lock-In Period
The price for your Sales Order is locked-in for a period of five (5) business days from the date of order confirmation. Your payment must be received by us within this period to secure your locked-in price. Failure to remit payment within the lock-in period may result in order cancellation and application of our Market Loss Policy (see Section 7).
4.4 Order Modifications
Once an order has been confirmed, it cannot be modified. Please review your order carefully before submitting it.
5. Payment Terms and Methods
5.1 Accepted Payment Methods
We accept wire transfers and personal/cashier's checks. The availability of certain payment methods may depend on the order amount and other factors.
| Order Amount (USD) | Accepted Payment Methods |
|---|---|
| $0.01 - $50,000.00 | Bank Wire, Personal Check, Cashier's Check |
| $50,000.01+ | Bank Wire |
5.2 Payment Timing
Payment must be dated within twenty-four (24) hours of your order confirmation date and received by us within five (5) business days. For bank wire payments, funds must be received within three (3) business days. Failure to meet these deadlines may result in order cancellation.
5.3 Good Funds Policy
"Good funds" are received on the day we receive your direct bank wire, or five (5) to ten (10) business days from the day we receive your personal check, cashier's check, or certified check, to allow for clearing.
6. Sell-To-Us Program
6.1 Selling to the Company (Purchase Order)
We may offer a program allowing you to sell precious metals to us (a "Purchase Order"). When you submit a request to sell, you are making a binding offer to sell those items at the price we quote at the time of confirmation.
6.2 Shipment of Items
Upon confirmation of your Purchase Order, you must ship the items to us within the timeframe specified. You are responsible for all shipping costs and for insuring the shipment for its full value. Risk of loss remains with you until the items are received and verified by us.
6.3 Verification and Payment
Upon receipt, we will verify the items against your Purchase Order. If the items match the description, we will issue payment via your chosen method. If there is a discrepancy, we will contact you to resolve the issue, which may include adjusting the purchase price or returning the items at your expense.
7. Returns, Cancellations, and Market Loss Policy
7.1 All Sales Are Final
Due to the volatile nature of precious metals markets, all sales are final. We do not accept returns except in cases where we have shipped the wrong item or a demonstrably defective product. In such cases, you must contact us within forty-eight (48) hours of delivery.
7.2 Order Cancellations
You have no right to cancel a confirmed order. If you fail to make timely payment or otherwise default on your obligations, we may cancel your order at our sole discretion.
7.3 Market Loss Policy
In the event of a cancellation due to your default, you will be liable for any Market Loss incurred by the Company, plus a cancellation fee of fifty U.S. Dollars ($50.00 USD).
"Market Loss" is defined as the difference between the locked-in price of your order and the prevailing market price of the product(s) at the time of cancellation, if the market price has declined. If the market price has increased (a "Market Gain"), such gain shall vest in and remain the property of the Company.
You agree to remit payment for any Market Loss and cancellation fees immediately upon notice. We reserve the right to charge any payment method on file for amounts owed under this policy.
8. Shipping, Insurance, and Delivery
8.1 Shipping Methods and Costs
We ship orders via reputable common carriers. Shipping and handling charges are calculated at checkout based on the order value, weight, and destination. We may offer free shipping on orders exceeding a certain threshold.
8.2 Insurance
All shipments are fully insured for their declared sales value while in transit from our facility to your specified delivery address.
8.3 Delivery and Risk of Loss
You must provide a valid shipping address and be available to receive the package. Risk of loss and title to the products pass to you upon delivery to the shipping address you provided. Delivery is deemed to have occurred when the carrier's tracking system indicates the package has been delivered.
We are not responsible for packages left without a signature, delivered to a third party at your instruction, or delivered to a drop-off location. If you have instructed the carrier to leave packages without a signature, you assume all risk of loss.
8.4 Lost or Damaged Shipments
If a package is lost or damaged in transit before delivery, you must notify us within thirty (30) days of the shipment date for lost packages, or within two (2) days of delivery for damaged packages. We will file a claim with our insurer and, upon successful resolution, will either re-ship the items or issue a refund at our discretion.
9. International Orders
9.1 Availability
We ship to many international destinations. International orders are subject to a minimum order value of two hundred fifty U.S. Dollars ($250.00 USD).
9.2 Customs, Duties, and Taxes
For all international shipments, you are the importer of record and are solely responsible for all customs duties, import taxes (including VAT/GST), brokerage fees, and any other charges levied by your country's customs authorities. These charges are not included in our product prices or shipping costs.
We are required by law to declare the full value of all shipments on customs forms. We will not undervalue shipments or mark them as "gifts."
9.3 Refused Shipments
If you refuse to pay customs duties or taxes, or if the carrier is unable to deliver your package, and it is returned to us, you will be responsible for all return shipping costs, any duties or taxes we are required to pay, and our Market Loss Policy will apply.
10. Investment Risk Disclosure and Disclaimer
10.1 No Investment Advice
THE INFORMATION PROVIDED ON OUR SERVICES IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE, AND SHOULD NOT BE CONSTRUED AS, INVESTMENT, FINANCIAL, LEGAL, OR TAX ADVICE.
We are a retail dealer of precious metals. We are not a registered investment advisor, broker-dealer, or financial planner. We do not provide personalized investment recommendations.
10.2 Market Volatility and Risk
Investing in precious metals involves significant risk. The value of gold, silver, platinum, palladium, and other precious metals can be highly volatile and is subject to fluctuation based on numerous factors beyond our control, including global economic conditions, currency fluctuations, interest rates, supply and demand, and geopolitical events.
Past performance is not indicative of future results. You could lose some or all of your investment. You should not invest money that you cannot afford to lose.
10.3 Your Responsibility
You are solely responsible for your own investment decisions. Before purchasing or selling precious metals, we strongly encourage you to consult with a qualified, independent financial advisor who can assess your individual financial situation and risk tolerance.
11. Anti-Money Laundering (AML) and Regulatory Compliance
11.1 Compliance with Laws
As a dealer in precious metals, we are subject to various federal and state laws and regulations, including the Bank Secrecy Act (BSA) and regulations issued by the Financial Crimes Enforcement Network (FinCEN), which require us to implement an Anti-Money Laundering (AML) program.
11.2 Know Your Customer (KYC)
We may be required to collect and verify certain personal information from you, including your name, address, date of birth, and government-issued identification, to comply with our KYC obligations. By using our Services, you agree to provide such information upon request.
11.3 Reporting Obligations
We are required to report certain transactions to government authorities, including:
- IRS Form 1099-B: For certain sales of precious metals to us that meet reporting thresholds.
- IRS Form 8300: For cash payments exceeding $10,000 USD.
By using our Services, you acknowledge and consent to these reporting obligations.
11.4 Export Controls
You agree not to export or re-export any products purchased from us in violation of any applicable export control laws or regulations, including the U.S. Export Administration Regulations (EAR) and sanctions administered by the Office of Foreign Assets Control (OFAC).
12. Intellectual Property Rights
All content on the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of the Company or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.
13. Restrictions on Use of Services
You agree not to use the Services:
- For any unlawful purpose or in violation of any applicable law or regulation.
- To infringe upon or violate the intellectual property rights or any other rights of others.
- To transmit any viruses, worms, or other malicious code.
- To interfere with or disrupt the integrity or performance of the Services.
- To attempt to gain unauthorized access to the Services or related systems.
- To engage in any data mining, scraping, or similar data gathering activities.
- To impersonate any person or entity or misrepresent your affiliation with any person or entity.
- To engage in any activity that could damage, disable, overburden, or impair our servers or networks.
14. User-Generated Content
If you submit any content to our Services, such as product reviews or comments ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
You represent and warrant that you own or control all rights in and to the User Content and that the User Content does not violate any third-party rights or any applicable law.
15. Third-Party Links and Services
The Services may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.
16. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR (B) THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) THAT ARE THE SUBJECT OF THE CLAIM.
18. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys' fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your User Content caused damage to a third party.
19. Dispute Resolution, Arbitration, and Class Action Waiver
19.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice describing the nature of your claim and the relief you seek to our legal department at [email protected]. We will attempt to resolve the dispute within thirty (30) days.
19.2 Binding Arbitration
IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its applicable rules. The arbitration shall be held in New York, NY, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
19.3 Class Action Waiver
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.
19.4 Opt-Out
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
19.5 Time Limitation
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
20. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.
For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, NY.
21. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
22. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
23. Electronic Communications and Consent
By using the Services or providing your email address to us, you consent to receive electronic communications from us, including order confirmations, shipping notifications, promotional emails, and other notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
24. Modifications to Terms
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will provide notice by posting the updated Terms on the Services and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
25. Severability and Entire Agreement
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
26. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Goldman Fischer
Attn: Legal Department
Williamsport, PA 17701
United States