USER AGREEMENT FOR MIDWEST BULLION EXCHANGE, INC. DBA PRIVATEBULLION.COM.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
OWNERSHIP AND COPYRIGHT
All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Midwest Bullion Exchange, Inc. dba PrivateBullion.com or its affiliates and is protected by United States and international copyright laws.
USE OF WEBSITE
You may use this website for lawful purposes only. You may not use this website for any illegal or unauthorized purpose.
DISCLAIMER OF WARRANTIES
This website and all content, materials, information, products, and services provided on this website are provided on an “as is” and “as available” basis. Midwest Bullion Exchange, Inc. dba PrivateBullion.com makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, products, or services included on this website.
LIMITATION OF LIABILITY
Midwest Bullion Exchange, Inc. dba PrivateBullion.com shall not be liable for any damages arising from the use of this website or any content, materials, information, products, or services provided on this website. In no event shall Midwest Bullion Exchange, Inc. dba PrivateBullion.com be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use this website or any content, materials, information, products, or services provided on this website.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions.
Any disputes arising from the use of this website or any content, materials, information, products, or services provided on this website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
MODIFICATION OF TERMS
Midwest Bullion Exchange, Inc. dba PrivateBullion.com reserves the right to modify this User Agreement at any time. Your continued use of this website following any such modification constitutes your agreement to be bound by the modified User Agreement.
If you have any questions or concerns about this User Agreement, please contact us at: email@example.com.
PRICE CONFIRMATIONS AND BINDING AGREEMENT
When you place an order with Midwest Bullion Exchange, you have entered into a binding agreement. When your online or phone order is placed with us, you agree that the submitted order is the “locked in” price. You will subsequently receive a confirmation from Midwest Bullion Exchange within 24 hours. For online orders, you must submit a credit card to secure the products you lock in.
When selling to Midwest Bullion Exchange, the price is locked at the time we issue a purchase order number to you by email. Once the price is locked in for you, the order cannot be cancelled. Note: if you decide to cancel the confirmed agreement, depending on the current price fluctuation, there may be an offsetting charge under this obligation. The products must be shipped to our vault facility the next business day upon receiving the purchase order number. A tracking code must be submitted when shipment is sent to firstname.lastname@example.org. You may also call in your tracking code at this number: 1-888-928-3390. Your shipment must be received within 5 business days after the purchase order has been received.
We reserve the right at any time, and for any reason to decline any transaction for reasons that are, or may be harmful to the business in any way.
Price Match Guarantee: We reserve the right to charge $25 for shipping and insurance in certain instances.
Midwest Bullion Exchange offers various payment options including personal checks, bank wires, and credit cards. Please note that all credit card transactions are limited to a maximum of $2500. The minimum order amount allowed is $500.
- Orders up to $2,500:
You may use a personal check or credit card. Payment must be mailed within 3 business days of the confirmation date.
Credit card payments exceeding $2,500 will not be accepted.
- Orders between $2,500 and $50,000:
You may use a personal check or bank wire.
Note: checks must be received within 5 business days of the confirmation date.
- Orders exceeding $50,000:
We require a bank wire for any orders that exceed $50,000
Bank wires must be received within 3 business days of the confirmation date.
Clearance Policy for Personal Checks, Credit Cards, and Bank Wire Payments:
Credit Card payments will ship in 5 business days unless otherwise noted.
Personal Checks will be held for 10 business days, irrespective of when they clear, before shipping unless otherwise noted.
Bank Wire payments will ship in 5 business days unless otherwise noted.
Note: Inventory backorders are a common occurrence and may delay your shipment date.
Good Funds Policy
Bank wire – 5 business days unless otherwise noted
Certified check, cashier’s check or money order – 5-10 banking days
Personal checks – 10 banking days.
Credit card –discretion of Midwest Bullion Exchange upon verification of all security assessments. Typically 1-3 business days.
Once good funds are verified, we will process your order for shipment. This typically takes 1-2 business days before a bill of lading and tracking code is generated. When this occurs, you will receive a confirmation by email with a tracking code.
How to Make Payment
When you receive confirmation of your order it will include payment instructions. As mentioned above, you will receive confirmation of your order by email within 24 hours of submission. Midwest Bullion Exchange does reserve the right to cancel all orders that do not meet all requirements. Midwest Bullion Exchange, Inc. also reserves the right to cancel all orders that appear questionable under our risk assessment guidelines regardless of method of payment or price confirmation. Midwest Bullion Exchange does not accept cash or C.O.D. orders.
MARKET LOSS POLICY
Upon placing an order with Midwest Bullion Exchange, Inc. dba privatebullion.com, the price is guaranteed, and you may not cancel the transaction. However, if you wish to offset the transaction, you may do so at our current asking price. Please note that cancellations are subject to our Market Loss Policy, which states that any market gains on cancellations or returns shall remain the property of Midwest Bullion Exchange, Inc.
In the event of a cancellation, you will be responsible for any deficit between the price at which Midwest Bullion Exchange, Inc. sold the item to you and the offsetting purchase price. We reserve the right to charge market loss fees to any credit card you have on file with us, to the extent that we do not have any of your funds in our possession.
Moreover, we reserve the right, at our sole and absolute discretion, to apply any and all of your funds in our possession toward the satisfaction of your monetary obligations, and/or to offset any obligations that we may have to you.
Please note that this policy applies only to Midwest Bullion Exchange, Inc. dba privatebullion.com and not to any other entities or websites.
When confirmation is issued, the price for your metal is “locked-in” at that current market price at the time of order. This presents a binding agreement whereby you agree to buy or sell from/to us and we (MBE, INC) agree to buy or sell precious metals from/ to you at the agreed-upon price. Should circumstances present themselves whereby you need to cancel or offset the order the price of the metal must then be marked to market at the current market price to determine the offset. In the event of a deficit, you would be held responsible for that liability. When placing an order with us, you accept this risk as we likewise accept the risk of locking in the order on your behalf.
All cancellations must be approved by phone during normal business hours of 9:00 am – 4:00 pm EST Monday – Friday. Please note cancellations are subject to a $35 (USD) cancellation fee plus all deficits in accordance with our market loss policy. Again, all cancellations must be approved by telephone. At that time the metal will be marked to the market price and a cancellation confirmation will be issued. In the event a deficit is determined, you can elect to pay the market loss amount plus the cancellation fee of $35 (USD) by credit card or we can invoice you with payment due within 20 days. Market gains due to cancellation remain the property of Midwest Bullion Exchange, Inc.
Once your order ships from Midwest Bullion Exchange, Inc., doing business as Private Bullion, you will receive a confirmation email with a tracking number. Please note that it may take up to 24-48 hours for tracking information to appear.
At Private Bullion, we fully insure all of our shipments. For packages valued at over $1,000, a signature is required upon delivery. If anything happens to your package during transit, it will be covered by our insurance policy, subject to the other conditions set forth in this policy. However, our responsibility ends once the package has been delivered and confirmed by the carrier.
It is crucial that you are present at the shipping address to receive your package upon delivery. Private Bullion cannot be held responsible if the carrier delivers the package without your acceptance, without a signature, or to someone other than the addressee. This includes delivery to building managers, neighbors, business mailrooms, drop-off locations such as mailboxes, post office boxes, UPS Stores, Military Postal Services, and similar locations. If you choose to use any of these locations as your shipping address, Private Bullion will not be responsible for any issues that may arise. In addition, we cannot be held responsible if the carrier returns the package to us due to no one being available to receive it. This includes cases where the package does not make it back to our distribution center, or if the package is damaged or missing its contents during the return process.
Please note that Private Bullion will not assume responsibility for packages that are forwarded, signed for by apartment/complex building management, business mailrooms, Military Postal Services, or any person(s) who is not listed as the addressee on the order.
If a package is successfully delivered as addressed, Private Bullion cannot reimburse you or process insurance claims for that package. Our liability and insurance coverage end once the package is signed for or left at the specified delivery address. Any issues or problems with a shipment must be reported to Private Bullion within two (2) calendar days of the recorded delivery. Failure to do so may result in the denial of your claim.
If your package is lost in transit, defined as a package that has not been updated in tracking for 5 or more calendar days with USPS or 3 calendar days with FedEx, or UPS please contact us within 7 days of the most recent tracking update for USPS or within 3 days of the most recent tracking update for FedEx, or UPS. Failure to do so will result in the loss of insurance coverage.
If your package arrives with missing, incorrect, or damaged items, you must notify us within 48 hours of the delivery timestamp on the tracking. Failure to do so will result in the loss of insurance coverage.
At Private Bullion, we take responsibility for pursuing any claims with our insurance company. However, we require your cooperation in filing a claim for damaged or lost merchandise in any manner that we may reasonably request. This may include signing an Affidavit stating the circumstances surrounding the damaged or lost merchandise within the allotted time frame. If we determine the package is lost or damaged, we will file a claim with the insurance company. After the claim is filed, we reserve the right to reship your items, and under certain circumstances refund your money.
Although it is rare, there may be an instance of incorrect pricing listed on our website. In this event, MBE INC. reserves the right to reject an order for incorrect pricing or incorrect product description. Additionally, product availability may be listed incorrectly (especially in our numismatic stock) that would prevent the order from being fulfilled. We reserve the right to reject the order in these instances.
INVESTMENT RISK DISCLAIMER
Investing in precious metals involve some degree of risks similar to any other investment. The value of coins and bullions continuously fluctuate under various market conditions. Many economic factors including but not limited to, supply and demand of precious metals, market sentiment, coin rarity and condition, play into value. Prices of coins and bullion can decrease in value under these market conditions. When considering investing in precious metals, one should understand them well. We recommend that when investing in coins and bullion, you have adequate cash reserves and or disposable income to do so. Therefore, precious metals investing may not be suitable for everyone.
ANTI-MONEY LAUNDERING (AML) POLICY
Midwest Bullion Exchange, Inc. (hereinafter referred to as “the Company”) is committed to preventing money laundering and terrorist financing activities. We have established this Anti-Money Laundering (AML) Policy to comply with applicable laws, regulations, and international standards to ensure our business operates with integrity and transparency.
- The purpose of this AML Policy is to:
- Identify and assess the risks associated with money laundering and terrorist financing within our business.
- Establish appropriate controls and procedures to prevent, detect, and report suspicious activities related to money laundering and terrorist financing.
- Comply with all applicable laws, regulations, and international standards related to AML and countering the financing of terrorism (CFT).
This AML Policy applies to all employees, officers, and directors of the Company, as well as any third parties acting on behalf of the Company.
The Company will regularly conduct a risk assessment to identify and assess the money laundering and terrorist financing risks associated with its business activities, clients, products, services, and geographic locations.
Customer Due Diligence (CDD)
The Company will implement customer due diligence procedures, including the following measures:
- Identifying and verifying the identity of clients, including beneficial owners, by collecting appropriate identification documents.
- Assessing the money laundering and terrorist financing risks associated with each client.
- Monitoring client transactions and activities on an ongoing basis.
- Reporting suspicious activities to the appropriate authorities.
The Company will maintain records of all client identification documents, transaction records, and other relevant information for a minimum of five years from the date of the transaction or the termination of the business relationship, whichever occurs later.
The Company will report any suspicious activities or transactions to the relevant authorities in accordance with applicable laws and regulations. Employees are required to report any suspicious activities to the designated AML Compliance Officer within the Company.
The Company will provide regular AML training to all employees, ensuring they understand their responsibilities and obligations under this policy and applicable laws and regulations.
AML Compliance Officer
The Company will appoint an AML Compliance Officer responsible for overseeing the implementation and ongoing effectiveness of this AML Policy, as well as ensuring compliance with relevant laws and regulations.
The Company will comply with all applicable sanctions laws and regulations and will not engage in business with any individuals, entities, or countries subject to such sanctions.
Any employee who becomes aware of a violation of this AML Policy or any applicable laws or regulations must report it to the AML Compliance Officer immediately. The Company will take appropriate action to address any violations and will not tolerate any form of retaliation against employees who report violations in good faith.
Midwest Bullion Exchange, Inc. is serious about protecting sensitive information and is deeply committed to the security of our online trading platform. We currently use today’s most advanced security solutions, and we are continually exploring new technologies to ensure the highest level of security possible when utilizing our online trading platform. We use SSL (Secure Socket Layer) encryption standards that safely transport your transaction details directly to Midwest Bullion Exchange, Inc. Any information we collect related to your transaction is protected against unauthorized access.