Ainslie Bullion Terms of Trade

1. a. Encum Pty Ltd ACN 010 204 645 & Ainslie Bullion Melbourne Pty Ltd ACN 646 041 830, trading as Ainslie Bullion (AB) will accept orders from a customer for bullion via the internet.

b. For internet orders from a new customer, placed outside business hours and over $100,000, your order is subject to review during business hours.  An AB representative will contact you to approve the order.  It will also be repriced at that time.

c. AB will accept orders from a customer for bullion via the phone or in person.

2. By placing an order with AB you are taken to have accepted the Terms & Conditions as set out hereafter.
3. Internet Orders
   1.  The order will be made upon the customer confirming the order by clicking on "Send me an invoice" in the checkout. Should the customer fail to pay the total balance of the purchase price within the agreed time frame as set out below, the customer will be in default of this agreement.
   2. For orders over $100,000 and placed between the hours of 9pm to 6am by a customer with no prior orders, the order will not be final.  It will be reviewed the following business day, when the customer will be contacted by an AB consultant. The order will be repriced and confirmed upon a successful review
4.  Telephone Orders: The order will be placed upon the customer confirming the order on the phone. Should the customer fail to pay the total balance of the purchase price within the agreed time frame as set out below, the customer will be in default of this agreement.
   
5. The customer agrees that, in placing any order, they are not engaging in any money laundering, terrorism financing or other illegal activity
6. The customer agrees to pay the balance of the purchase price, initiating payment the same day as the order is placed and the customer receives an invoice, prior to banking cut-offs, and ensuring cleared funds are received by the following business day, by one of the following methods:
   1. Cash payment into AB bank account or in person at our premises;
   2. E.F.T payment – Please be aware of your transfer limits. If you are unsure contact your bank prior to placing the order. If you make a purchase over your daily transfer limit, your deposit will be forfeited unless you can make other arrangements with your bank to meet the cleared funds timing limits set out above;
   3. Pay ID;
   4. Bank cheque paid into our bank account.   (Bullion will be released only upon the cheque clearing into our bank account); 
   5. Personal cheque paid into our bank account.  (Bullion will be released only upon the cheque clearing into our bank account). Should a personal cheque be dishonoured at any time, the deposit will be forfeited;
7. AB banking requirements are as follows:
   1. All payments will be made from an Australian Bank account
   2. The customer agrees to quote, as part of the bank deposit, the invoice number provided by AB. This requirement is necessary to identify the customers payment.
8. Financial Transactions: The currency for all transactions will be in Australian Dollars (AUD). AB reserves the right to refuse any orders at its own discretion without giving reason. Should a transaction be detected as a fraud at a later date, AB reserves the right to commence legal action.
9. Customer Identification Requirements

• AB is a reporting entity under the AML/CTF Act through AUSTRAC.  AB maintains an AML/CTF Program and the is required to properly identify customers in accordance with the Act.  If ID is not screened and verified (per below) in person at our office we may ask for your name, address and date of birth and verify your ID through external organisations using GreenID (by VIX Verify) and the government's Document Verification Service (DVS).  Those external organisations may include government departments, credit reporting agencies, and other independent or private sector organisations holding relevant databases.  If you do not wish your Identity to be verified by such means and you are transacting over $5000 in value, you may attend our office to be identified.
• By accepting these terms and conditions you give consent for AB to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006. The credit reporting agency may prepare and provide AB with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. If you disagree with having your identity verified by a credit reporting agency, please select another data source or contact AB so that we can discuss other options with you.

10. Bullion Storage Account Requirements

A customer/s who wishes to open an Ainslie Bullion Storage Account must properly complete a Storage Account Application (“Ainslie Storage Portal” in the website footer):  and verify their identification either online ("Ainslie ID Verification" in the website footer), by phone or in store per above.  SMSF, Trust, Company and other non individual entities must provide identification as outlined below.  All documentation must be in order and in AB possession prior to the customer making a purchase.

11. Delivery and Held for Collection Requirements

Individuals
a. A customer who collects their bullion must provide photographic identification documents prior to taking delivery of bullion.  A customer who has their bullion delivered, and the bullion is valued at $5000.00 or more, must have their identity verified either online ("Ainslie ID Verification" in the website footer) or by phone prior to the bullion being dispatched. 

b. Photographic identification documents means a Passport (Australian or International and either current passport or passport which has expired within the preceding 2 years) or Australian or foreign Driver Licence or Proof of Age Card with photograph issued by your State or Territory or photographic identification card issued to a public employee or photographic identification card issued to a student at a tertiary education institution.

c. However, if photographic identification is not available, then both of the following documents are required:

• Birth certificate, or Citizenship Certificate or Pension Card issued by Centrelink; and,
• Council rate notices or telephone account document or utilities account document   or a notice issued by the Australian Taxation Office within the preceding twelve  months, or notice issues by the Commonwealth, a State or Territory containing the name and residential address of the person and issued within the preceding 12 months.

Companies, Trusts, Super Funds
d. For Business and Trust entities, each director, trustee or authorised representative must have their identity verified per above AND the following documents are required:

• Copy of Business/Company Statement;
• Authority to act as the authorised person for the Business/Company on the letterhead;
• For Trusts and SMSF's: the title page and execution page of the Trust Deed.

DOCUMENT REQUIREMENTS
e. AB either need to sight the original identification document or receive a copy of the document.
f. All documents must be in English or if in a foreign language, accompanied by an English translation prepared by an accredited translator. Documents may be mailed or scanned and emailed to AB. Faxed copies will not be accepted.

g. Bullion will only be dispatched upon all identification documents being in AB possession. If the customer cannot satisfy the identification document requirements, any monies paid will be forfeited, at AB discretion.

12. Exchange/Money-Back Policy/Changes

a. AB guarantees the quality and specification of all bullion products it sells. AB will provide a full refund of the purchase price should the bullion not be genuine.  Bullion delivered may vary in appearance from that depicted in the webshop as variations of the specified bullion product exist due to different manufacturers, the age of the product, changes to packaging and level of finish achieved by the manufacturer.  The item may therefore not be an exact replica of that depicted in the webshop image but will meet the specifications of the description.  Such variations will not affect the buyback price with AB.
b. If the customer receives an incorrect item from AB, AB will either refund the purchase price in full or exchange the item, at the customer’s choice provided the following steps are followed:

c. The customer has a period of 24 hours from delivery of the items (according to the tracking information) to inspect the items to ensure that they conform to the quantity and description as listed in the Invoice. Should an item not conform, the customer shall, within the 24 hour period, provide written notice to AB of the nonconformity.  Such notice shall include full particulars of the non conformity.

d. AB will provide the customer with packing and shipping instructions.  AB are not responsible should the item get lost during shipment back to AB. The customer will insure the item in transit to AB. The customer will ensure that the item is adequately packaged so that it is not damaged during return transit.

e.AB will not ship any exchanged item to the customer until the item and its purchase receipt are in AB possession. AB will NOT accept any returns or exchanges for the following reasons:

12. • You have changed your mind;
    • You are having financial problems;
    • You have found a different item which you prefer;
    • You have found the same item at a lower price elsewhere; or
    • You did not read your Terms & Conditions and exchange/money back policy and did not know you could not return your purchase.
    • When in doubt, the customer should contact AB via email or phone to discuss any potential purchase order.
    • An order is final, but late changes may be possible at the discretion of AB. An Order Amendment fee of $95 may be charged at the discretion of AB.
13. Shipping and Pickup information
    a. AB will advise the customer when an order is available for collection or for delivery. The cost of shipping including insurance will be automatically calculated during check-out for website orders and advised to the customer as part of the phone order process.
    • The order will be shipped once full payment has been received and funds are clear.
    • AB will supply to the customer by email tracking information to track the parcel.  The customer is responsible for tracking the parcel until delivered.  Should a parcel not be delivered in accordance with the tracking information, the customer shall notify AB of the non delivery within 24 hours of the parcel not being delivered. Such notice will be in writing and include full particulars of the non delivery.
    • Where the address supplied by the customer is incorrect, illegible, incomplete or if the customer is away or has moved, AB will no be liable if the order is lost in transit.
    • AB is not liable under any circumstances if you have authorised someone else to collect the order on your behalf or someone else collects it without your authorisation or using fake identity or the address is a non-residential address and is signed by a third party.
    • Each purchase order is insured for delivery for up to $35,000 per package using unsecured couriers. For example, if a purchase order is $35,001 it will be shipped in two separate packages as each package is insured only up to $35,000.  Higher value gold purchases may be sent using secured couriers. If applicable, AB will obtain a quote for the shipping and advise the customer prior to arranging delivery of the order.
    • AB may change the shipping method if the address is considered high risk, and the customer may be charged an additional shipping fee to ensure safe delivery.
    • Delivery to Reserve Vault or Melbourne Vault (the Vault) is provided by AB at no charge.  AB will deliver your order to the Vault, whose representative will receipt it together with an AB representative.  It will be held insured in a secure area until the customer takes possession of it and places it in their storage unit (or the Vault will do so for the Vault’s Custodial Clients) within 2 weeks of delivery.  AB will notify the customer by email when the order has been delivered to the Vault. 
    • AB will advise the customer when the order is available for pickup from AB’s store. The bullion will be held for up to 30 days from the date of purchase without charge. Holding charges will apply if the order is not picked up within 30 days. AB will not be liable for bullion not picked up after 90 days.

b. Delivery Period for Bullion: Orders are shipped within five (5) Business days of clear funds being received into AB Bank Account and the product is available for delivery. Larger orders may take up to ten (10) days. AB will make every effort to dispatch all orders quickly, but will not be liable for any claims associated with late deliveries.

14. Supply Interrupted
    1. If AB is directly or indirectly prevented from making supply or otherwise performing an obligation, by reason of events beyond its reasonable control (including any force majeure event including restricted availability of input products of required quality, act of God, fire, earthquake, flood, lightning strikes, natural disaster, mechanical or electrical failure, industrial action or dispute, lockout, epidemic, war or act of war (whether declared or not), terrorism, revolution, malicious damage, sabotage, civil unrest or disturbance or action or inaction of any foreign or domestic government or third party), its obligations are suspended while it is prevented from doing so. AB will use all reasonable endeavours to terminate the event giving rise to delay but that will not include the settling of an industrial dispute on disadvantageous terms. Upon termination of the event AB must resume the performance of its obligations under this contract at the earliest date reasonable possible.
    2. AB will not be responsible for any loss or damage incurred by you where we do not receive your instructions or where any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device.
15. GST 
    1. In this clause the following definitions apply;
       • GST has the same meaning as in the GST Act.
       • GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
       • Taxable Supply has the same meaning as in the GST Act.
       • Tax Invoice has the same meaning as in the GST Act.
    2. The consideration payable by the customer has been fixed without regard to the impact of GST.
    3. If GST is or becomes payable on a Taxable Supply made under or in connection with this document, the party providing consideration for that Taxable Supply (recipient) must pay an additional amount equal to the GST Payable on the Taxable Supply.
    4. The additional amount payable must be paid at the same time as the consideration for the Taxable supply or on the date on which the party making the supply delivers a Tax Invoice (whichever is later).
16. Ainslie Bullion “Allocated” Storage Account

1. AB offers a secure storage service for its customers of allocated gold, platinum and silver for an annual fee.  The service is provided only when each transaction (buy or sell) is $10,000 or more in bullion.  The customer will be provided with a storage account number and access to their account through the Storage Portal and the bullion will be held within AB’s storage facilities within Reserve Vault in Brisbane or Melbourne Vault in Melbourne.  The customer’s holding will be as purchased and stored separately.  AB does have All Risks insurance on goods within this service.  Reserve Vault and Melbourne Vault are international standard high security facilities. Annual fees will be invoiced on 1 July each year.  The first year’s payment will be the proportion of the year to date remains up to 30 June.  The fee is subject to change with appropriate notice. 
2. Payments of the Annual Storage Fee not made within 1 month of the invoice due date will incur a late payment fee of $15.00 per account month. In entering into an Allocated Storage Account the customer hereby provides a lien over their goods in favour of AB for any unpaid fees should payment not be received after AB making reasonable attempts to procure ordinary payment from the customer and after 3 months of non payment.
3. The customer must notify AB promptly and in writing of any change to their name, address, email or any other contact details. If notification is by email, the email must be sent from the current email address registered on the account.
4. Out dated account details may result in late fees being applied to unpaid account.

17. Ainslie Bullion “Unallocated” Storage Account

1. AB offers a secure storage service for its customers of unallocated gold, platinum and silver on transactions (buy or sell) of $5,000 or more.  An unallocated account is a share in a pool of bullion held securely by AB. Gold and silver may be in a variety of bullion formats. The customer will be provided with a storage account number and access to their account through the Storage Portal and the bullion will be held securely by AB.  AB does have All Risks insurance on all goods within this service.  Should the customer wish to take delivery of physical bullion, a barring fee may apply, together with any handling and freight fees, if appropriate.
2. The customer must notify AB promptly and in writing of any change to their name, address, email or any other contact details. If notification is by email, the email must be sent from the current email address registered on the account.

18. Privacy Policy: AB is committed to protecting your personal information.  Please refer to our separate Privacy Policy document.
19. Website Security Policy
    1. AB uses the highest level of security reasonably available to it. All information you provide during the ordering process is encrypted for your protection. The AB site has security measures in place to prevent the loss, misuse and alteration of the information under our control.  Your information is also protected by AB's Privacy Policy. All information received from you is treated in strict confidence.
    2. In the event of Incorrect Data being downloaded to the website, any purchases made under these circumstances may result in orders being cancelled and deposit returned.
20. Spam Act 2003

AB complies with the Australian Governments Spam Act 2003 and the guidelines for business in relation to the contents of commercial electronic messages. AB only send e-mail advertising with each addressee's consent, includes its address and contact details in every e-mail promotion and ensures the inclusion of a functional unsubscribe facility.

21. Information and Links to Other Websites

The AB website may contain information, articles or links to or from third party websites. These articles and linked websites are not under the control of AB and AB is not responsible for the content of any linked website or any hyperlinked website, or article or information sourced from a website. The information contained on the website is given in good faith but no representation or warranty, express or implied, is made that such information is accurate or complete and it should not be relied upon as such. AB provides these articles and hyperlinks for your convenience only and the inclusion of any article or link does not imply any endorsement of the article or linked website by AB. Any article or link provided to any such website is used entirely at your own risk.

22. Financial Disclaimer

Purchasing precious metals involves risk.  AB does not accept any liability for any investment decisions made on the basis of the information on our website or gleaned from discussions with its staff. AB and its staff do not give investment advice and no conversation should be construed as such. The content within the website is strictly informational, to be used as a source to better your knowledge and judgment before seeking professional advice. Under no circumstances should you assume, take for granted or guess that this content is anything other than informational data. All investments involve different degrees of risk and you should be aware of your risk tolerance level and your financial situation at all times. The AB website does not constitute financial advice and should not be taken as such. AB urges you to obtain professional advice before proceeding with any precious metal investment decision.

23. Legal Advice

AB and its staff do not give legal advice. AB urges you to obtain professional legal and financial advice before proceeding with any precious metal decision.

24. Miscellaneous

AB reserves the right to make any changes to its website (including Bullion prices) at any time without prior notice.
The contract will be construed in accordance with the laws in force in the state in which the transaction was made (Victoria or Queensland for any state other than Victoria) and the parties submit to the jurisdiction of the Courts of that state.

25. Customer Service Policy

AB is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock (or a clear note describing the delay if bought by AB but not yet available for immediate delivery) and pricing is true and correct. Standard delivery time frames are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfill your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

26. Security Policy

1. When purchasing from AB your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.
2. If you have any questions regarding our security policy, please contact our customer support centre - [email protected].

27. General
    AB reserves the right to make any changes to its website (including Bullion prices) at any time without prior notice.
    • If there are two or more Customers:
      • you will be treated as owning the metal, and receiving the services, jointly.  If any of you die, the Property will be treated as the Property of the survivor or survivors jointly;
      • you will be jointly and severally liable to AB under this Agreement.
    • You may not assign any of your rights under this Agreement.  AB may assign its rights under this Agreement at any time without notice to you.
    • This Agreement is governed by the laws of state in which the transactions were made (Victoria, if in Victoria and Queensland for all other transactions).
    • No failure or delay by AB in enforcing this Agreement shall amount to a waiver of any of its rights.