Terms & Conditions

OUR DISCLOSURES TO YOU:

By accepting these Terms, you agree that:

  • we may disclose your personal information to third parties as set out in our Privacy Policy;
  • we reserve the right to cancel your order prior to delivery, and where we do we will provide you with a refund;
  • delivery and dispatch timeframes are estimates only and we will not be liable for any loss or damage incurred by you as a result of late delivery of the products;
  • our maximum liability under these Terms is limited to the Price you paid us, and we exclude liability for consequential loss; and
  • we exclude our liability for loss or damage to the products or any person, or failure or delay in providing the products, where caused by an event beyond our reasonable control, or your acts or omissions.

Nothing in these terms limit your rights under the Australian Consumer Law.

  1. Acceptance
  1. This website (Site) is operated by Jaggards Pty Ltd (ABN: 15 613 822 709) (we, our or us). It is available at: https://jaggards.com.au/ and may be available through other addresses or channels.
  2. By accessing and/or using the Site you:
  1. warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site);
  2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and
  3. agree to use the Site in accordance with the Terms.
  1. You must not place an order for products through the Site unless you are at least 18 years old.
  1. Registration
  1. You are required to create an account in order to purchase products from us. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
  2. When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, and payment details, and, to create your account, you will need to choose a password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

 

  1. Orders
  1. You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
  2. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
  3. Orders placed online are limited to $110,000 per order, or $50,000 when paying by credit card. Transaction fees are set out at this link: https://jaggards.com.au/payment-methods.
  4. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms. Once you place an order, pricing is locked and cannot be changed, and your order cannot be cancelled.
  5. It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
  6. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, a tracking number, the delivery and billing addresses and a description of what was ordered.


  1. Price and payments
  1. You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are exclusive of Australian GST (where applicable). We display delivery costs separately from the product price.  
  2. The live bullion pricing is sourced from a third-party source, and we take no responsibility for any price feed errors from third party sources.
  3. You must pay the Price, upfront, before products are dispatched, using one of the methods set out on the Site, such as Checkout.com
  4. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud, all payments made are final.  If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
  5. If we offer payment via a third party payment processor, such as Checkout.com, the payment may be subject to the payment processor’s terms and conditions.
  6. Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

 

  1.  Market Loss Policy
  1. Once you have made a purchase and we have issued a order number, the Price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any difference between the Price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility if your order is cancelled or we do not receive full payment within defined payment periods, and that amount will be charged to you. Any market gain on cancellations shall remain our property.
  1. ID verification
  1. According to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), we are required to establish and maintain an AML/CTF Program to identify, manage and mitigate the money laundering and terrorism financing risks associated with our products and customers. This includes carrying out a procedure that verifies a customer’s identity before providing some designated services to customers.
  2. Where you place a single order of $5,000 or more, we are required by the AML/CTF Act and AML/CTF rules to collect your information and to verify your identity before we can sell products to you.
  3. If you wish, you may choose to attend our office to complete the identification process in person.
  4. We use BronID and the DVS to match your information and confirm your identity, however in some cases we may exchange your information with external organisations, including;
    1. government departments; and
    2. outsourced service providers who co-ordinate the electronic identification process and who may conduct additional matches against public or proprietary databases.
  5. By proceeding with online identification, you permit these external organisations to record, use and disclose your information in accordance with their own privacy policies and legal obligations.
  6. Neither us nor our out-sourced service providers will access records relating to you held by third party external organisations other than for matching your information you have chosen to enter through the Site.
  7. If we are unable to verify your identity electronically, one of our client service team will advise you if this is the case within 24-48 hours.
  8. We must obtain express and informed consent from you prior to making a verification request; this consent can be provided through our website, email or phone.
  9. Please note that providing false or misleading information about your identity is an offence under the AML/CTF Act.

 

  1. Availability and Cancellation
  1. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
  2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit and any delivery costs you have paid for the products will be refunded to you.

 

  1. Collection, Delivery, Title and Risk
  1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. 
  2. Bullion orders over $25,000 are split into 2 or 3 parcels and may be delivered on separate dates.
  3. Delivery costs are set out on the Site.
  4. If you cannot take delivery of products, you must immediately inform us and arrange for storage of the products. The following storage fees will apply, charged as a percentage of the value of your order: 0.75% of the Price for gold, and 1.25% of the Price for silver. For more detail regarding storage options, please check our storage page.
  5. We normally dispatch products within 24 business hours of receiving full payment of the Price for an order, on Mondays-Thursdays, unless otherwise noted on the Site. Any dispatch and delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will not be liable for any loss or damage incurred by you as a result of late delivery of the products.   For first-time orders, we can withhold dispatching products for up to 5 business days. 
  6. We may deliver the products using a range of delivery methods such as Courier Mail. You or an authorised representative will need to sign for deliveries. Delivery of products occurs when we or our nominated carrier deliver the products to your address, provided you are present to sign for delivery. If neither you nor your authorised representative is at the delivery address to accept delivery, we will charge a fee for re-delivery, and the products will be stored at our warehouse at your risk and expense, and you will be invoiced for this cost.
  7. Any claim for non-delivery or lost products must be made within 5 business days of dispatch, and we will not accept any claim for lost or missing products if you do not make a claim within this timeframe.
  8. For your peace of mind, all parcels we deliver include full insurance cover.
  9. Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
  10. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

 

  1. Returns

Change of mind returns

  1. We do not accept returns for change of mind or other circumstances.

Australian Consumer Law 

  1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
  2. Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us. 
  3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

 

  1. Intellectual property
  1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
  2. You must not, without our prior written consent: 
    1. copy or use, in whole or in part, any of our intellectual property; 
    2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
    3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

 

  1. Limitations
  1. Despite anything to the contrary, to the maximum extent permitted by law: 
    1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim, or, where you have not paid us any amount, $100; and
    2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  
    1. loss of, or damage to, the products, or any injury or loss to any person;
    2. failure or delay in providing the products; or 
    3. breach of the Terms or any law, where caused or contributed to by any: 
    4. event or circumstance beyond our reasonable control; or
    5. act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.  
  2. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms. 
  3. You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are not intended to provide legal, tax or financial advice. The Materials have not been adapted to your personal circumstances; your personal financial situation is unique, and any information and advice obtained through the Materials may not be appropriate for your situation. Accordingly, before making any financial decision or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who can provide you with personalised advice.

 

  1. General
  1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
  2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  3. Images: Images of the products on the Site may differ to the products you actually receive, and may vary in finish, including colour tone, surface texture and shape. Image quality may also vary when viewed on different browsers and mobile devices.
  4. Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
  5. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
  6. Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
  7. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
  8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
  9. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
  10. Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
  11. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
  12. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

 

For any questions and notices, please contact us at:

Jaggards Pty Ltd (ABN: 15 613 822 709) 

Email: info@jaggards.com.au

Last update: 5 October 2021

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