Terms and Conditions

Introduction

• This website is operated by BTR Bullion Pty Ltd (ACN 693 443 015) (we, our or us).
• These terms and conditions (Terms) govern your use of our website, the sale of our Products including through our website and the provision of our Services to you.
• By using our website or placing an Order, you accept these Terms and enter into a binding agreement with us.

Eligibility

• To place Orders and/or use our Services, you must:
• have full legal capacity to contract with us;
• if required by us, provide valid identification of your proof of identity;
• comply with all Australian laws applicable to you when using our Services;
• reasonably assist us to comply with our Customer Identification & AML/CTF Compliance procedures under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) and reporting obligations to AUSTRAC.
• Pursuant to clause 2.1, we may require you to provide us (or our third-party verification service) with:
• Australian Government-issued photo identification of you;
• proof of your address;
• company or trust documentation (if purchasing as a company, trust or SMSF);
• source of funds declarations; and
• additional information for transactions over $5,000 (customer identification threshold) or $10,000 (transaction reporting threshold).
• We use a third-party digital identity verification provider (currently GBG - https://www.gbg.com/apac/about-us/) to verify your identity. By placing an Order, you consent to us using this service and disclosing your personal information to our third-party identity verification provider.
• If you enter into an Order as or on behalf of:
• a company – we may require directors to provide personal guarantees and we will require company identification documents including ASIC company extract;
• a trust – we require:
• trustee details and identification;
• a signed copy of the trust deed that is certified by a Justice of the Peace as a true and correct copy;
• evidence of authority to act on behalf of the trust.
• a self-managed superannuation fund (SMSF) – we require:
• trustee details and identification;
• a signed copy of the SMSF trust deed that is certified by a Justice of the Peace as a true and correct copy; and
• evidence of SMSF registration.
• This clause 2 will survive the termination or expiry of these Terms.

Orders

• You may place Orders:
• online via our website (as a guest or registered account holder);
• by telephone;
• in person at our premises as shown on our website.
• When placing an Order, the Order process is:
• you select the Product;
• a Price for the Product is quoted by us based on current market rates;
• you confirm acceptance of the Price (whether online by clicking Order Confirm on our website, by phone by verbal confirmation which will be recorded by us, or in-person by signing the Invoice). At this point the Price is “Locked-In” as per our Market Loss Policy;
• we issue an Invoice containing:
• the Services we are providing;
• an Invoice number;
• the Price, the Deposit, the remaining price, Payment Terms and payment instructions;
• the timeframes for performance; and
• as applicable, delivery instructions, collection instructions or any storage terms.
• payment for the Order must be made within the specified timeframes in the Payment Terms in the Invoice.
• Prior to us issuing an Invoice, we may accept or reject any Order.
• Once we issue an Invoice, subject to clause 6.3, a binding agreement between you and us is formed under these Terms (an Order).
• Due to the rapid and unpredictable nature of precious metals markets, there is no cooling-off period once a Price has been Locked-In. This means that once a Price has been Locked-In and the Invoice issued, Orders cannot be cancelled without financial consequence.
• Each Order is subject to, and will be governed by, these Terms and any other conditions expressly set out in the Order. To the extent of any ambiguity or discrepancy between an Order and these Terms, these Terms will prevail.

Payments

• In consideration for us providing you our Services, you agree to pay all amounts due under these Terms in accordance with the Payment Terms in the Invoice.
• Unless otherwise agreed in writing in the Invoice, payment for the Price must be received within the following timeframes:
• PayID/Bank transfer: within 24 hours of us issuing the Invoice;
• card payments: processed immediately on us issuing the Invoice;
• cash (in-store): payable at time us issuing the Invoice.
• If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion, and without prejudice to any of our rights or remedies under these Terms or at Law):
• immediately cancel the Order and cease providing the Services;
• liquidate or hedge our wholesale position in the Product market;
• recover, as a debt due and immediately payable from you, our reasonable additional costs of cancelling the Order (including all Recovery Costs and the Market Loss (as defined in our Market Loss Policy (/market-loss-policy));
• apply any Deposit (if any) to offset the Market Loss and Recovery Costs; and
• take any actions authorised by our Market Loss Policy.
• When applicable, GST payable will be clearly shown on our invoices. You agree to pay us an amount equivalent to the GST imposed on these charges. “GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• If applicable, you remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.
• We accept the payment methods identified in our Invoice and on our website which may include PayID/bank transfer, EFTPOS, and other approved methods. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.

Pricing and Market Volatility

• An Order Price is Locked In only upon confirmation by us and your acceptance of that Price. Until that point, prices may fluctuate.
• All Prices are listed in Australian dollars (AUD) unless stated otherwise and include GST where applicable.
• Pricing errors may be corrected at our discretion prior to dispatch. If we discover a pricing error after you have placed an Order, we will notify you and give you the option to:
• proceed with the Order at the correct Price; or
• cancel the Order and receive a full refund.
• Investment Risk Disclosure: You acknowledge that you understand the following risks when placing an Order:
• Product prices are based on live precious metal spot prices and market conditions, are highly volatile and can move significantly within short periods based on live market conditions without notice;
• Product prices can result in gains or losses;
• past performance is not indicative of future results for Product prices;
• Products are not a financial product and are not regulated by ASIC;
• we do not guarantee any return on investment;
• you should only invest amounts you can afford to lose; and
• you should seek independent financial advice before making any investment decision.
• You confirm that:
• you have not relied on any statement, representation or advice from us in making your decision to purchase Products;
• you have made your own independent assessment of the suitability of the Products for your circumstances; and
• you understand that we are not responsible for any investment losses you may suffer.
• This clause survives termination of these Terms.

Supply, delivery, title and risk for Products

• In consideration of your payment of the Price in the Invoice, we will supply our Services in accordance with these Terms, whether ourselves or through our Personnel.
• If these Terms express a time within which the Services are to be supplied, we will use reasonable endeavours to provide the Services by such time, but you agree that such time is an estimate only.
• All variations to an Order must be agreed in writing between the Parties and will be priced accordingly.
• You are responsible for all collection and/or delivery costs.
• We use various delivery methods based on the Order value as per our website.
• All deliveries require a signature, subject to your preferences and our delivery partner's policies.
• For in-store pickup:
• you must present identification that matches the Order details;
• we may require you to present the payment method card used for the purchase;
• you must collect the Product within the specified timeframe in the Invoice or within 14 days of notification by us;
• if you do not collect your Order within the specified timeframe in the Invoice or within 14 days of notification by us, we may:
• charge reasonable storage fees;
• exercise a lien over the Product for unpaid storage fees; and
• after 90 days, sell the Product and apply the proceeds to any outstanding amounts owed including for unpaid storage fees.
• Temporary Storage Requests: If you request that we hold your Order for collection at a later date:
• we may (in our sole discretion) offer free storage;
• after the free storage period, storage fees will apply;
• we reserve lien rights over stored Product for unpaid storage fees (if applicable);
• we are not a bank or authorised deposit-taking institution. Any storage is provided as a courtesy and is subject to standard storage terms which will be disclosed at the time of agreement and included in the Invoice;
• although Product held at our premises is covered by our building insurance and stock-on-hand insurance and Product stored in our external vault facility is insured in accordance with the vault provider's terms, we suggest that you arrange for your own insurance and any storage by us is at your risk as per clause 6.10(c).
• We retain title to the Products until we receive payment of the full amount in the Order.
• Risk in the Products will pass to you at the earlier of:
• when the Products have been delivered to the delivery address in the Invoice;
• when the Products are collected by you from our premises in Rowville, Victoria; or
• in the case of Products retained by us in our storage facility for free until later delivery to you or collection by you, the date of the payment of the Price in the Invoice.

Term and termination

• Either Party may terminate these Terms at any time. If we terminate these Terms, we will give 14 days’ notice in writing to you.
• Unless otherwise agreed between the Parties, if these Terms are terminated:
• by us, then any current Order will also terminate on the date of termination and we will immediately cease supplying the Services and clause 8.4 will apply; or
• by you, then any outstanding Orders will continue in accordance with the terms of the Order (and these Terms) until such time as the Order is complete or the Order is otherwise terminated in accordance with its terms.
• Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
• This clause survives termination of these Terms.

Cancellation of Orders

• Due to the time-critical and market-sensitive nature of bullion transactions, we do not accept returns or cancellations for change of mind once an Order has been confirmed and a Price has been Locked-In. Once you have confirmed your acceptance of a quoted Price, you are legally bound to complete the Order. If you fail to do so, our Market Loss Policy (/market-loss-policy) will apply.
• You may have rights to a repair, replacement or refund under the Australian Consumer Law (see below).
• We may delay, suspend, or cancel Orders without incurring any Liability to you (as permitted by law) if:
• our customer identification compliance requirements are not met;
• we are unable to appropriately verify your identity;
• we suspect money laundering or terrorism financing activity;
• we are required to do so by law or have reasonable opinion thereof;
• there are significant dispatch delays for the Product;
• we are unable to supply Products due to circumstances beyond our control (including supply chain or market shortages);
• there are errors on our website (such as incorrect descriptions, prices or images for the Product); or
• you fail to make payment within the specified Payment Terms timeframes or Default under an Order.
• Without limiting and subject to your Consumer Law Rights, if we cancel an Order under clause 8.3:
• any payments made by you to us for Services already supplied are not refundable to you;
• you are to pay for all Services supplied prior to termination, including Services which have been supplied and have not yet been invoiced to you, and all other amounts due and payable under these Terms
• subject to subclause (d), if we have not provided you with any Services, we will refund any Deposit paid;
• if we cancel under clause 8.3 sub-clause (a), (b), (c) or (h), we will charge you a Market Loss amount.

Australian Consumer Law

• Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights).
• 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.
• Where you return 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.
• 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 you paid for the relevant Product. Please contact us for further information.

Liability

• Despite anything to the contrary but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
• neither Party will be liable for Consequential Loss;
• a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel), including any failure by that other Party to mitigate its loss;
• (where our Products are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to:
• replacing the Products or the supply of equivalent Products, or the payment of the cost of replacing the Products or of supplying equivalent Products; or
• the repair of the Products, or the payment of the cost of having the Products repaired;
• our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
• This clause will survive the termination or expiry of these Terms.

Our Website

• We strive to ensure that Product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that Product descriptions or other content is error-free, complete, or current. Cast bullion Products may have minor dents, scratches or imperfections, whereas minted bars are typically in pristine condition. These variations do not affect the purity or weight of the Product.
• Any delivery timeframes shown on our website are estimates only.
• When using our website, you must not:
• breach any person's privacy, legal rights, or upload personal information without consent;
• defame, harass, threaten, or offend any person;
• use our website for any unlawful purpose including money laundering or terrorism financing;
• interfere with other users or our website's operation;
• introduce viruses, malware, or attempt to modify or tamper with our website;
• send spam or unsolicited messages;
• use automated tools such as bots, scrapers, or data mining software;
• assist others in doing any of the above;
• provide false, inaccurate, or misleading information including false identification documents;
• use another person's details without authorisation; or
• fail to maintain the security of any access credentials we provide to you.

Confidential Information

• Subject to clause 12.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.
• Clause 12.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause 12.1.
• This clause 12 will survive the termination of these Terms.

Intellectual Property

• All intellectual property rights in our website, Services, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.
• You must not, without our prior written consent:
• copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
• use our intellectual property for commercial purposes or revenue generation;
• modify, adapt, or create derivative works from our intellectual property;
• frame or embed our content in another website; or
• remove or alter any copyright notices or proprietary markings.
• You may share our content on social media or personal blogs provided you:
• do not claim ownership of our intellectual property;
• do not imply our endorsement unless explicitly agreed in writing; and
• do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.
• If you submit content to our website, you:
• grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
• warrant that you own the content or have permission to submit it;
• acknowledge that we may remove any content at our discretion; and
• remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

No Financial Advice

• We do not provide financial, investment, taxation, superannuation or legal advice. We do not hold an Australian Financial Services Licence (AFSL) under the Corporations Act 2001 (Cth).
• Information provided on our website and in our communications:
• is general in nature;
• does not constitute financial or investment advice;
• does not consider your personal objectives, financial situation or needs;
• should not be relied upon as a substitute for professional advice; and
• is not a recommendation to buy, sell or hold any Product.
• You should seek independent financial, taxation and legal advice before investing in our Products or using our Services.
• We do not make any representation or warranty about:
• the future value or performance of any Product;
• the suitability of any Product for your investment objectives;
• the tax treatment of any Product; or
• the compliance of any Product with superannuation laws (including for SMSF purchases).
• We may refer you to third parties (such as storage providers, SMSF administrators, insurance agents or financial advisers). If we do:
• we may receive a referral fee or commission from that third party;
• we provide no guarantee of the third party's performance;
• we accept no liability for third-party services;
• you should conduct your own due diligence before engaging any third party; and
• any advice provided by a third party is provided by that third party, not by us.
• You acknowledge and agree that:
• you are solely responsible for your investment decisions;
• you have not relied on any statement or representation from us in making your decision to purchase or sell Products;
• you understand the risks associated with investing in precious metals; and
• you will not hold us liable for any investment losses you may suffer.
• This clause survives termination.

Corporations Act Compliance

• Products are physical bullion products and are not "financial products" as defined in the Corporations Act 2001 (Cth). We do not issue, sell or arrange for the issue or sale of financial products.
• We do not provide financial product advice as defined in the Corporations Act 2001 (Cth). Any information we provide about our Products is factual information only and does not constitute a recommendation or statement of opinion intended to influence you in making a decision about a financial product.
• If you are purchasing / selling Products through a self-managed superannuation fund (SMSF):
• you are solely responsible for ensuring compliance with the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) and Superannuation Industry (Supervision) Regulations 1994 (Cth) (SIS Regulations);
• you are responsible for ensuring the Products do not constitute an "in-house asset" under the SIS Act;
• you are responsible for ensuring compliance with the collectibles and personal use assets rules in the SIS Regulations;
• you should seek independent advice from a qualified SMSF adviser or accountant before purchasing / selling Products through your SMSF; and
• we accept no liability for any breach of superannuation law arising from your purchase / sale of Products through your SMSF.
• We do not operate a "managed investment scheme" as defined in the Corporations Act 2001 (Cth). Our storage services (if applicable) are provided as a bailee only and do not involve pooling of funds or Product or investment management.

General

• Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your Order. We recommend reviewing the current Terms before each purchase. If we make changes to these Terms, we will notify you by posting a notice on our website at least 14 days before the changes take effect (unless the changes are required by law, in which case they will take effect immediately).
• Complaints and Feedback: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.
• Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Services to you, including on our website or in our promotional material.
• Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 14 days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.
• Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control including but not limited to acts of God, natural disasters, civil unrest, war, terrorism, pandemic, government restrictions, market suspension, transport disruption, or supply chain shortages.
• Governing Law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Parties agree that the U.N. Convention on Contracts for the Sale of International Goods is excluded from application to these Terms.
• Notices: Any notice given under these Terms must be in writing addressed to us at consulting.beat.the.reset@outlook.com or to you at the details provided when you submitted your order or in your account.
• Privacy: We will comply with all applicable data protection laws, and your personal information will be handled in accordance with our privacy policy (available on our website). We use third-party service providers (including Square for payment processing and GBG for identity verification) who may have access to your personal information. By placing an order, you consent to us sharing your information with these providers for the purposes of processing your order and verifying your identity.
• AI: We may use artificial intelligence (AI) tools in our business operations, including: Customer service chatbots; Document preparation and processing; Data analysis and reporting as per our Privacy Policy. Where we use AI:
• we will inform you if you are interacting with an AI system;
• we do not input your personal information into AI systems without appropriate safeguards;
• we remain responsible for all outputs and decisions made using AI;
• you may request human review of any AI-generated decision that affects you.
• Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
• Subcontracting: We may subcontract the supply of any part of the Services without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Channels means our website, telephone, email, and in-person premises through which Orders may be placed.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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. However, your obligation to pay us the Price will not constitute “Consequential Loss”.

Default has the meaning given in our Market Loss Policy.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic or market suspension, exchange failure, banking disruptions, payment system failures, government intervention or regulatory changes which affect our Services.

Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Invoice means the form of an Order with a Locked-In Price.

Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Goods.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Locked-In has the meaning given in our Market Loss Policy.

Market Loss has the meaning given in our Market Loss Policy.

Market Loss Policy means our market loss policy available at /market-loss-policy.

Order means an order, placed under these Terms.

Parties means a party to an Order.

Payment Terms has the meaning in the Order.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the price set out in any Order, as adjusted in accordance with these Terms.

Privacy Policy means our privacy policy available at /privacy-policy.

Products means our bullion products (including gold, silver, platinum, and other precious metals in the form of coins, bars, wafers, or minted/cast products), to be supplied as set out in any Order.

Recovery Costs means any expense, cost, liability, loss, damage incurred by us in enforcing the Market Loss against you, including debt collection fees, legal costs, and administrative expense and whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party bound by these Terms or otherwise.

Services means as particularised in the Invoice:

• retail Product sales as a physical and online bullion dealer;
• storage services for Product.

Terms means these terms and conditions and any agreed Order issued under it and any documents attached to, or referred to in, each of them.