As used in this User Agreement, the term “PPM” or “we” or “us” shall mean Pacific Precious Metals LP and the term “you” or “user” or “customer” shall mean any customer who orders from us and any user of this website.
Before you may place orders to purchase and/or to sell with us, you must read and accept all of the terms in this User Agreement.
We reserve the right to change this User Agreement at any time. Any changes will be posted on our website and, except when otherwise noted, all changes will take effect immediately upon their posting.
Grading, Authenticity / Investment Advice
Many bars or coins are graded and authenticated by third party services. However, grading and /or authentication does not eliminate market risk nor guarantee associated risk with the grading of coins.
You expressly acknowledge that we do not give any investment advice, recommendations and/or guarantee profits and you shall be solely responsible for making any decision to purchase and/or sell bars or coins, bars or any other form of precious metals. In addition, you represent and warrant to PPM that you have sufficient knowledge and experience to make informed decisions to purchase from and/or sell to PPM. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of PPM, and you expressly acknowledge that PPM is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions, you understand and acknowledge that you may not be able to liquidate any purchased products or liquidate the purchased products at prices acceptable to you.
We advise you that prior performance cannot be used to predict future value of bars or coins. In making any decision to buy coins or bars you should view such decision strictly in context of purchasing such coins or bars as a collector of coins or bars and any investment advice should be obtained by your own financial advisor.
All investments involve risks – bullion bars and coins are no exception. You are reminded that the bullion and coin market is volatile and bullion bar and coin prices will fluctuate. The value of a bullion bar or coin is affected by many economic factors, including the current market price of precious metals and the perceived scarcity of the bars or coins among other factors. Consequently, you can lose or gain on your principal and the resale value of your bar(s) or coin(s) may or may not be equal to the original purchase price. Therefore, investing in these bars or coins may not be suitable for everyone. You should consult with your advisors to ensure you have adequate cash reserves and disposable income before considering a bullion bar or coin investment.
While we strive to keep our prices and inventory current, variances may occur due to changing market conditions, bar or coin availability, and/or typographical errors. All orders will be confirmed prior to finalizing the sale.
Bar and coin prices based upon spot price are automatically recalibrated as often as every minute and at checkout.
As the markets are constantly moving, the final price for an item will be determined at the time of checkout.
Please Note: All bars and coins are subject to market fluctuation prior to sale. We are not responsible for typographical errors and reserve the right to refuse, void or cancel a sale at our discretion, including if an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Market volatility or problems updating this website may result in inaccurate pricing resulting in a canceled transaction. By using our services, you acknowledge that certain market conditions or other disruptions, such as technological difficulties, may result in you being unable to buy or sell products on a timetable or at a price that is acceptable to you. You agree not to hold PPM liable or responsible for any orders placed via its online order system, disruptions, or termination of that system, or for any losses, or damages you may incur as a result of using PPM’s order system.
If you did not receive an email from both PPM and our credit card processor, Internet Secure, then your order likely did not go through or you entered your email address incorrectly. You should immediately call PPM on 877.471.7528 should you have not received an email within 10 minutes of your completed checkout process.
If an order is placed for an item that is out of stock, PPM will refund to you the full value of the purchased item(s). You may elect to have us order your item(s) by calling us on 877.471.7528 but the price that will be used would be at the time of the phone order.
Orders may not be combined for shipping purposes.
PPM reserves the right to cancel or refuse any order.
If you receive an error message on the website when trying to submit an order, and depending upon when you received such an error message, it may be the case that your order has not been processed by PPM but that your bank has processed your payment . You should immediately call PPM on 877.471.7528 to confirm your order. Even though this charge did not go through our processor, there is a chance that your issuing bank has still approved the charge. When your issuing bank approves a charge that has been rejected by our processing company, they will hold the funds as pending for forty-eight (48) to seventy-two (72) hours. After this time, they will release the funds back into your account. If you attempt to place your order again and it still does not go through, each failed attempt may result in pending money being held by your issuing bank for the normal time period. When this occurs, PPM at NO time has access to your funds and we will not have a record of your attempted purchase. If you still wish to make a purchase, you will need to contact us by phone and lock in a new order at current website prices.
Market Loss Policy
When purchasing from PPM, once we have issued a confirmation email, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility if your item(s) is cancelled or returned (the “Market Loss Policy”). That amount will be charged to you, plus a five percent (5%) cancellation/restocking fee, along with any applicable shipping charges. You understand and agree that any market gain on cancellations or returns shall remain the property of PPM.
PPM DOES accept cash, cashier’s checks, personal checks, money orders, ACH transfers, or wire transfers. Website orders must be paid with either cash, bank wire, or credit card. If a customer places multiple orders and pays for one of the orders and not the others, PPM reserves the right to use the money that was paid to us for any of your orders and apply these funds to all unpaid orders to cover the five percent (5%) restocking fees (or ten percent (10%) for international transactions) as well as any and all market loss in accordance with our Market Loss Policy. Any remaining balance will be returned to the customer. Customer is not entitled to any market gain.
If payment is not made in the allotted time frame, or the customer cancels the order, PPM may turn the account over to our collection agency and you acknowledge and agree that you will be responsible for all fees and expenses associated with the collection of the owed debt, including attorneys’ fees and court costs.
Credit Card Payments
All orders placed with credit cards must be shipped to the verified credit card billing address. Orders will be held until this information is verified.
Customers who purchase online using credit card must also furnish a copy of their driver’s license to PPM within 24 hours of the order. The address on the driver’s license must match the billing address or the order will be canceled and a 5% fee may be assessed at the sole discretion of PPM
Due to high levels of credit card fraud, PPM reserves the right to deny or cancel any order that does not clear/meet our credit card security requirements. Furthermore, any order that is deemed fraudulent or of suspicious origin will be reported to authorities and the responsible individual(s) may be prosecuted to the fullest extent of the law.
Please note: for Credit Purchases our internal security department may request further information to verify your charge prior to the order being processed and shipped from our facility. This information may include a faxed copy of the credit card used at the time of purchase. In addition, we may request a Utility Bill or bank/credit card statement to validate the billing address associated with the charge. If this information is requested by PPM and the customer refuses to provide documentation, PPM reserves the right to cancel the order and all applicable cancellation fees apply. The customer will be responsible for the 5% cancellation fee in addition to any market loss associated with the order.
If the customer delays providing any documentation requested, your order will be a 5% cancelation fee along with any market loss will apply.
In addition, the PPM’ssecurity department performs routine calls to credit card companies to verify charges. Most of the time, a conference call is not required to complete the verification. If a conference call is required to verify the charge, the customer must cooperate until the verification process is complete. If the customer refuses to verify the charge on a conference call, the customer then has the option to send a bank wire for the purchase. If the charge is not verified and the bank wire payment not sent, the order will be cancelled and all applicable cancellation fees applied.
Bank Wire Payments
If you choose to pay by bank wire, PPM requires a five percent (5%) credit card authorization . PPM must receive bank wire payments for the full order amount within the earlier of twenty-four (24) hours of sale confirmation or the following business day. Once the bank wire is received for the full amount, the five percent (5%) credit card authorization will be voided. NO bars or coins will be shipped from PPM until payment for said bars or coins is received in full. If the bank wire payment is not received within the stated time frame, PPM reserves the right to cancel the order confirmation. Due to non-payment, the five percent (5%) authorization will be converted into a charge to apply against the canceled order charge. This will represent the five percent (5%) cancellation fee and the customer will still be responsible for the market loss that associated with the order.
Bank wire transfers must include your name as well as your address (including city, state, and zip code). If for whatever reason an address is not present on the wire transfer, your order will not be authorized by our security department for shipment and your money will be immediately refunded unless a notarized document is sent confirming the information.
PLEASE NOTE OUR LEGAL DEPARTMENT REQUIRES PPM TO SHIP TO THE ADDRESS REFERENCED ON YOUR SALES ORDER.
PPM’s Corporate Physical Address:
302 Caledonia St. Ste 3
Sausalito, CA 94965
All sales are final. When you place an order, all prices are locked-in. Any cancellations not in accordance with our return policy, including by way of non-payment (which includes failure to provide information necessary to complete a credit card transaction), refusal of delivery or attempting to return bullion type bars or coins, will be subject to our Market Loss Policy, a five percent (5%) restocking/cancellation fee for domestic transactions (and ten percent (10%) restocking/cancellation fee for international transactions), plus any applicable shipping and handling expenses.
In addition, any customer who cancels or does not pay for an order in any way, will NOT be able to purchase from PPM again. If you have any money on account or pay for a future order, that money will be applied to the previous unpaid order, less the five percent (5%) restocking/cancellation fee and applicable market loss per our Market Loss Policy. You are not entitled to any market gain.
All Sales are FINAL. There are no refunds.
Rates vary depending upon value as well as weight and can be found by calling PPM on 877.471.7528
The prices shown include the cost of shipping and full insurance. Should anything happen while your package is in transit to you, it will be covered by our insurance policy. However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature, or, if you have given them instructions to leave your package with someone else such as a building manager, neighbor, or drop-off location.
In addition, in order for us to work with our insurance carrier, should your package be lost in transit, or should you fail to receive your package, you must notify PPM immediately. Failure to notify PPM of such loss or failure in a timely manner and/or any credit card reversals without notification may result in additional charges, such as market loss per our Market Loss Policy, attorneys’ fees and costs of collections.
In the event that a package has not been delivered, PPM will not be able refund or reship the purchased product until the appropriate carrier has notified PPM in writing that said package has been declared lost and PPM has recovered the value of the shipment from our insurance company. At that point in time PPM will, in our sole discretion, either replace the original product or refund the full purchase price.
Shipping times can be obtained from our staff when calling for shipping rates. Shipping ties are approximate and are subject to variances that the carrier suggests.
Estimated shipping times are not guaranteed or warranted in any way. PPM will make its best efforts to meet the estimated delivery times. However, shipping times will be extended if we are not able to reach you via phone or email to obtain further information regarding your payment, including information during the credit card verification process. In addition, omitting the web order number on wire payments may delay your shipping time. Furthermore, unexpected delays due to weather conditions or product delays may also cause potential shipping delays.
All orders are shipped in full once every product on the order is in stock and once we receive full payment and required information for the order. If a customer would like an order to be partially shipped, the customer shall be responsible to pay an additional shipping and insurance charge.
UPS makes up to three (3) attempts to make a successful delivery and will then return the package to PPM if delivery attempts are unsuccessful. UPS will NOT hold packages at their distribution centers after three (3) unsuccessful delivery attempts.
USPS will make one (1) delivery attempt. Per USPS policy, packages will be held at your local post office for up to fifteen (15) business days from the date of the first delivery attempt. Packages that are not picked up from the USPS during that time will be returned to PPM.
If a customer’s order is returned to PPM for any reason, the customer will not be refunded and will remain responsible for any shipping charges incurred, the five percent (5%) restocking/cancellation fee and any market loss incurred in accordance with our Market Loss Policy. In addition, if the customer requests reshipment of the order, the customer will be responsible to pay another shipping charge (equal to the original shipping charge) before PPM reships the package.
If you feel a package is damaged or has been tampered upon arrival, DO NOT accept the package and notify PPM immediately. Once you have signed for the package PPM assumes no further responsibility/liability. In the event that a package has been damaged in delivery or lost, PPM will not be able refund or reship the purchased product until the appropriate carrier has notified PPM in writing that said package has been damaged or lost in shipping. At that point in time PPM will, in our sole discretion, either replace the original product or refund the full purchase price.
At PPM, we use a stringent packing and shipping procedure to ensure all products are sent as ordered, which includes continuous videotaping of all aspects of the packing and shipping process and detailed tracking information.
However, in the event you believe there is a problem with any order, including any missing or damaged items, the problem must be reported to PPM within two (2) business days of receipt of the order. Your failure to report a problem of any kind within two (2) business days of receipt of an order will constitute your acceptance of the order as received.
Selling to PPM
Sales may be made to PPM by contacting our trading department at 877.471.7528 extension 1.
We recommend that all items must be sent to us via U.S. registered mail. We recommend that you obtain shipping insurance covering your items. We will not be responsible for items in shipment to us. We cannot lock in your prices or make payment to you until we receive your items. Once we receive your items, we will send you a notice of your price, and send you payment. We charge a $35 fee for any payments made by PPM to you via wire payment.
All bars or coins shipped to PPM, will be videotaped via our security system to insure that the contents of the package matches the included paperwork. Should a discrepancy arise, you will be notified immediately via phone or email.
When you send bars or coins to PPM, we will NOT assume any responsibility while bars or coins are in transit, and will only assume responsibility while bars or coins are in the physical care, custody and control of PPM.
Voice Recording. You understand and agree that PPM may, in its sole discretion, but is not obligated to, monitor or record your telephone conversations with PPM for quality control and our protection. You hereby consent to the recording of such phone conversations. PPM does not consent to the recording of telephone conversation by you or any third party.
Contact. You expressly authorize PPM to contact you at the email, text messaging, facsimile, or telephone numbers provided by you regardless of whether these phone numbers are listed on any state or federal Do Not Call list. If you request that PPM no longer contact you, we will promptly place your name on our Do Not Call list.
Disclaimer; Limitation of Liability:
PPM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS WEBSITE’S SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND YOU AGREE THAT FROM TIME TO TIME PPM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THIS WEBSITE’S SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PPM DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS WEBSITE OR THE CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, AND RELIABILITY OF THIS WEBSITE, YOUR USE OF THIS WEBSITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE’S SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THIS WEBSITE ARE PROVIDED BY OR MADE AVAILABLE BY THIS WEBSITE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS.
IN NO EVENT WILL PPM OR ITS AGENTS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY TRANSCTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSION OR DATA OR ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY. THERE LIMITATIONS AND EXCLUSIONS APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY THIS WEBSITE OR ANY THIRD PARTY PROVIDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THIS WEBSITE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that we may provide notice to you by posting it on our website, emailing it to the email address you provided, or mailing it to the street address you provided. Such notice shall be considered to be received by you within twenty-four (24) hours of posting to our website, or emailed to you, or if mailed, three (3) business days after mailing. Notice to PPM must be sent by postal mail to PPM at 302 Caledonia St. Ste 3 Sausalito, CA 94965.
Electronic Transactions. Your use of the services and purchase of products on this website includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this website, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Facsimile signatures shall be considered for all purposes as originals. Electronic signatures shall be binding upon the party electronically acknowledging the document.
Attorneys’ Fees and Costs. You agree that if any action at law or equity is required to enforce or interpret the provisions of this User Agreement, the prevailing party shall be entitled to recover all costs, including without limitation, reasonable attorneys’ fees and costs incurred in any litigation, mediation, arbitration, or administrative or bankruptcy proceedings, and any appeals there from, in addition to any other relief to which they may be entitled.
Indemnification. You agree to indemnify and hold harmless PPM, its subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person”) from and against any and all liability, loss, injury, damage, cost, or expense including, but not limited to, reasonable attorneys’ fees and costs, which an Indemnified Person may incur, directly or indirectly, as a result of or arising from any claim or demand made by you or a third party, that arises out of, is connected with, or is in any manner related to your use of this website or any service provided by this website, your conduct in relation to this website, or any service provided by this website, your violation of this User Agreement, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives this User Agreement and any termination of your account or registration.
Severability. In case any one or more provisions contained in this User Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision herein and this User Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
Entire Agreement. This User Agreement coupled with our Invoice constitutes the entire agreement between the parties and there are no agreements, understandings, restrictions, warranties, or representations, expressed or implied, oral or written, between the parties other than those herein contained.
Force Majeure. PPM shall not be liable or responsible to you, nor be deemed to have defaulted or breached this User Agreement, for any failure or delay in fulfilling or performing any term of this User Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of PPM including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Rights and Remedies. Upon failure by you to comply with your obligations to PPM, PPM shall have all of the rights and the remedies available to PPM, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, PPM may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of PPM in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by PPM of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or other remedy.
In addition to the other rights and remedies available to PPM, in the event of any failure by you to comply with this User Agreement, PPM may charge the credit card on which you have provided PPM including, without limitation, any and all market losses incurred by PPM in accordance with our Market Loss Policy, cancellation and restocking fees and shipping charges associated with orders for which you did not fulfill.
Governing Law; Venue. This User Agreement and any legal proceedings between you and PPM shall be governed by, and interpreted in accordance with, the laws of the State of California, without regard to conflicts of laws principals. Any legal proceeding brought against either of the parties hereto with respect to this User Agreement shall be brought in the federal and state courts in and for Marin County, California, and each of the parties to this User Agreement hereby consents to the exclusive jurisdiction of any such court and waives any defense or opposition to such jurisdiction. The parties further agree that the mailing of any process shall constitute valid and lawful process against them, without the necessity for service by any other means otherwise provided by statute or rule of court.
WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS USER AGREEMENT AND ANY TRANSACTION CONTEMPLATED HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
Proprietary Rights. The information and other content of this website is licensed or owned by PPM and is protected by trademark and copyright under United States and foreign laws. This website may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on this website, including content and graphic images, in any manner that infringes any copyright, trademark or other proprietary right of any person. You may not reproduce, copy, sell, modify, display or make derivative works or translations of any information or other content made available on this website. You have no right to distribute any information or other content made available on this website. Any use of the information and other content of this website not expressly permitted by this User Agreement may violate copyright, trademark, and other laws.
Market Data/Third Party Websites