Terms of Use

Something to keep in mind before making your purchase,  we do however encourage you to read the full Terms and Conditions below.

When you purchase bullion from Jaggards 
At the time an invoice or sales order is created you enter into a binding contract with Jaggards and the price is locked in. In the event of any default by you, an administration fee of $250 (plus any other losses incurred by Jaggards) will be charged. Payment is due within 1 business day of the time of processing. Prices are live and updated every 1 minute.

Recitals 

These terms of business apply to all dealings between the client and Jaggards Pty Limited (“Jaggards”,“us”, “we” or “our”) regardless of the facility/device/ mechanism used to facilitate the dealings.

These Terms are important, and you should ensure that you read them carefully. You may contact us with any questions before you use the Website by emailing info@jaggards.com.au.

By using the Website you acknowledge and agree that you have read and understand these Terms. If you do not agree to the Terms, please refrain from using the Website.

Definitions

Account – means the Client applying for an account through the Website to trade with Jaggards;

Client - means the person/s buying or selling Products as specified in any invoice, sales order or document and if there is more than one Client is a reference to each Client jointly and severally;

Jaggards - means Jaggards Pty Limited (ABN 15 613 822 709);

Product/Products - means all products or services supplied by Jaggards to the Client at the Client’s request, from time to time;

Price - means the price payable for the Products as agreed between Jaggards and the Client in accordance with clause 7 below;

User - means the Client and other persons using the Website; and

Website -  means the website located at www.jaggards.com.au.

1.  General

1.1    These Terms prevail in the event that anything in, or associated with, the Website is inconsistent with these Terms.
1.2   If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
1.3   These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
1.4   We will not be responsible for any loss or liability incurred by you arising or in any way connected with any dealing or transaction with us, contemplated or actual, except to the extent of liability imposed by the ACL.
1.5   Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
1.6   We are not liable whatsoever to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by us of these Terms.
1.7   Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
1.8   Jaggards may license or sub-contract all or any part of its rights and obligations without the consent of the Client.
1.9   Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
1.10  The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
1.11   We may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).
1.12  We may amend or vary these Terms at our sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the website after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms.  If you do not accept the varied Terms, please discontinue your use of the website and/or terminate your Account.
1.13  These Terms, together with the Privacy Statement, constitute the entire agreement between you and us and supersede any prior versions of these Terms and all other communications whether oral or written, express or implied. 

2.  Acceptance 

2.1   The Client is taken to have accepted and is immediately bound, jointly and severally, by these terms and conditions from the time:
           (a) By creating an Account on our Website and by clicking the 'I accept the Terms and Conditions' check box;
           (b) In the alternative, you enter into a binding contract with us at the time an invoice or purchase order is raised by us, whether placed in our offices, by phone, email or through our website.
2.2  The Client assumes all price exposure risk on the Products from this time.
2.3  A copy of the completed order confirmation and sales contract will be emailed to the Client at the time that the contract comes into existence.
2.4  Please note that Jaggards and entities controlled by it are bound by the Australian Privacy Principles (or APP’s) and the Privacy Act (1988) in relation to the treatment of the personal information of a Client. 

3.  User Conduct 

3.1    By accepting these Terms, you are representing that you:
           (a) have the capacity to accept these Terms;
           (b) will maintain the security and confidentiality of your Account, login details, password and identification;
           (c) will provide, or have provided, and will maintain and promptly update any information provided and ensure that information provided is  accurate, current and complete; and
           (d) represent that at all times during your dealings with us you will be in a position to meet all your commitments and obligations arising from these dealings.
3.2   If you are the trustee of a trust or a superannuation fund you further warrant that any transaction is for the benefit of the trust or superannuation fund and that you have the right to be fully indemnified out of trust assets or the superannuation fund for obligations incurred in any transaction.
3.3   You are solely responsible for the use of the Website pursuant to your Account.
3.4   We may at any time request a form of identification to verify your identity and/or your compliance with these Terms.
3.5   Before we can contract with you, you must create an Account with us online. You cannot submit an offer to buy or sell on our Website until your Account has been created. We will notify you in writing once your Account has been created.
3.6   You may submit an offer to:
          (a) buy a Product from Jaggards (including the deposit of Available Funds with Jaggards); or
          (b) purchase a Service provided by Jaggards; or
          (c) sell a Product to Jaggard. 

4.  Electronic Transactions Act 2000 

4.1   Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with section 9 of the Electronic Transactions Act 2000 (NSW) (“ETA”) or any other applicable provisions of the ETA or any regulations referred to in the ETA. 

5.  Client ID Verification 

5.1   By virtue of section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (“AML/CTF Act”), Jaggards is required to establish and maintain an AML/CTF Program to identify, manage and mitigate the money laundering and terrorism financing risks associated with its Products and Clients. This includes carrying out a procedure that verifies a client’s identity before providing some designated services to its clients.
5.2  We are required by the AML/CTF Act and AML/CTF Rules to collect your Information and to verify your identity before we can trade with you.
5.3  Before the purchase and delivery of the Products can be affected it is a requirement that the client is verified. For further information, please refer to our Privacy Statement at www.jaggards.com.au.
5.4  For all online transactions the Client/s must create an Account through the Jaggards website in which we will ask you to provide your information and details of your identification documents.  Your information will be passed to external organisations in order to electronically match your information with identification data on their databases. These organisations will assess and advise us whether all or some of your information you provide match their records.
5.5  If you wish,  you may choose to attend our office to complete the identification process in person.
5.6  Jaggards uses Vix verify and the DVS to match your information and confirm your identity, however in some cases we may exchange your information with external organisations, including;
            (a) credit reporting agencies;
            (b) independent, private-sector organisations;
            (c) government departments; and
            (d) outsourced service providers who co-ordinate the electronic identification process and who may conduct additional matches against public or proprietary databases.
5.7  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.
5.8  Neither Jaggards nor its 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 Jaggards website.
5.9  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.
5.10  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.
5.11  Please note, that providing false or misleading information about your identity is an offence under the AML/CTF Act. 

6.  Ordering 

6.1  The Client acknowledges and agrees that:
           (a) Jaggards does not guarantee the website's performance or availability of any of its Products;
           (b) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
           (c) Prices quoted on Jaggards' website are updated live and are indicative only until such time as a sale is confirmed.
           (d) The live bullion pricing is sourced from a third-party source, Jaggards takes no responsibility for any price feed errors from third party sources and;
           (e) Reserves the right to correct or amend invoices or purchase orders should external feeds be interrupted or unavailable, and not limited to cancelling or reversing any orders without your consent and without liability or recourse against Jaggards.
           (f) There are inherent hazards in electronic distribution and as such Jaggards cannot warrant against delays or errors in transmitting data between the Client and Jaggards including orders. The Client agrees that to the maximum extent permitted by law, Jaggards will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
          (g) Jaggards is not obliged to accept any order made by a Client on the Website or in store; and
          (h) Jaggards reserves the right to suspend trading, or immediate fulfilment of orders in times of high market volatility or fast-moving market conditions. 

7.  Price and Payment 

7.1    At Jaggards' sole discretion the Price shall be the quoted price as displayed on the Website (“Jaggards’ quoted price”) (subject to clause 7.2) which will be valid for a period of five (5) minutes, from the moment the client enters checkout.
7.2   The Client acknowledges that Jaggards' quoted price is subject to variation if the transaction is not completed within the five (5) minute time-limit that the Client is provided to finalise the purchase of the products, and Jaggards reserves the right to change the Price if a variation to Jaggards' quoted price occurs. Any variation from the plan of scheduled Services or specifications of the Products (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or in the dollar value of precious metal prices or increases to Jaggards in the cost of taxes or levies) will be charged for in addition to Jaggards' quotation and will be shown as variations.
7.3   Our Prices are non-refundable, and you are responsible for paying them when they become due.
7.4   All prices quoted exclude storage, delivery and insurance charges unless expressly included.
7.5   The Price will be due and payable by the Client upon placing an order for the Product/s on the Website. The Client must finalise the payment no later than 24 hours after the placing of the order.
7.6   If payment is not made and finalized within 24 hours of placing the order, Jaggards reserves its rights to sell those Products to another client. If the Products are sold to another client at a lesser rate, the Client will be responsible for making payment for the difference between what Jaggards would have received from the Client to what Jaggards actually received from the sale. Payment of the difference must be made within 48 hours of the Client being notified by Jaggards in writing, which time is of the essence.
7.7   The sales order number or the Client’s name must be quoted as a reference when transferring funds to Jaggards’ bank account to ensure that funds are correctly allocated.
7.8   Payment must be in Australian dollars (AUD) only and may be made by electronic/on-line banking, telegraphic transfer, credit card and cheque or by any other method as agreed to between the Client and Jaggards in writing.
7.9   In relation to PayPal and credit card payments by Visa and MasterCard a surcharge fee will apply. The Client will be notified of the surcharge at the point of purchase on the Website.
7.10  Receipt by Jaggards of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
7.11   Jaggards does not accept third-party payments in relation to your purchase of a Product unless the reason for that method of payment is advised to and accepted by Jaggards in its sole discretion.
7.12  Unless otherwise stated, the Price does not include Products and Services Tax (“GST”). GST is not charged on bullion. The Client must pay any taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price. 

8.  Delivery of Products 

8.1   Delivery of the Products ("Delivery") is taken to occur at the time that Jaggards (or Jaggards' nominated carrier) delivers the product/s to the Client’s nominated address provided that the Client is present at the address at the time of delivery.
8.2   Delivery will be deemed to have occurred once the Client or its representative signs for the Products. Any claim for non-delivery or lost Products must be made within 5 working days of dispatch. Jaggards will not accept any claim for ‘lost’ or ‘missing’ Products if the Client deviates from these delivery terms.
8.3   When we agree to arrange delivery, transport, insurance or storage of Product on your behalf, we do so as your agent and to the maximum extent permitted by law, without liability.
8.4   At Jaggards' sole discretion the cost of delivery is in addition to the Price.
8.5   The Client must take delivery by signing for the Products whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Products as agreed between the parties, Jaggards shall be entitled to charge a reasonable fee for redelivery and/or storage.
8.6   Wherever possible, Products will only be dispatched by Jaggards the business day following receipt of full payment of the Price and any other amounts owed in cleared funds. Products will only be dispatched between Monday to Thursday, after Jaggards has received cleared funds.
8.7   If you cannot take delivery of the Product, you must immediately inform Jaggards and arrange for storage of the Product sold to you within 14 days of being advised that the Product is available for collection or dispatch after which the Product will be stored by Jaggards at your risk and expense. Jaggards will be entitled for reimbursement of any storage charges.
8.8   Any time or date given by Jaggards to the Client is an estimate only. The Client must accept delivery of the Products even if late and Jaggards will not be liable for any loss or damage incurred by the Client as a result of late delivery of the Products.
8.9   We will use our reasonable endeavours to meet any estimated dates for delivery of the Product but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
8.10   If we cannot complete the Services by any estimated date, we will complete the Services within a reasonable time. 

9.  Risk and Title 

9.1   Title in any Product passes to you when we receive payment for the Product in full and funds are cleared. Risk in the Product passes to you on receipt of the product. You assume all risk and liability for loss, damage, injury to persons or your property, or property belonging to a third person, arising out of the use, possession of or dealings with the Products sold by us, (including changes in your financial situation). 

10.  Default and Consequences of Default 


10.1  Interest on overdue invoices or any amount shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two percent (2%) per calendar month (and at Jaggards' sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
10.2 If the Client owes Jaggards any money the Client shall indemnify Jaggards from and against all costs and disbursements incurred by Jaggards in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Jaggards' contract default fee, and bank dishonor fees).
10.3 Without prejudice to any other remedies Jaggards may suspend or terminate the supply of Products if the Client;
            (a) violates these Terms and breaches any of its obligations;
            (b) provides false or misleading information; or
            (c) interferes with other Clients or the administration of Jaggards' services.
10.4 Jaggards will not be liable to the Client for any loss or damage the Client suffers as a result of Jaggards exercising its rights under this clause.
10.5  Without prejudice to Jaggards' other remedies at law Jaggards shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Jaggards shall, whether or not due for payment, become immediately payable if:
            (a) any money payable to Jaggards becomes overdue, or in Jaggards' opinion the Client will be unable to make a payment when it falls due;
            (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
            (c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

11.   Personal Property Securities Act 2009 ("PPSA") 

11.1   In this clause a financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
11.2  Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Products that have previously been supplied and that will be supplied in the future by Jaggards to the Client.
11.3   The Client undertakes to:
            (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Jaggards may reasonably require to;
                  i. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
                  ii. register any other document required to be registered by the PPSA; or
                  iii. correct a defect in a statement referred to in clause 11.3(a)i or 11.3(a)ii;
            (b) indemnify, and upon demand reimburse, Jaggards for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Products charged thereby;
            (c) not register a financing change statement in respect of a security interest without the prior written consent of Jaggards;
            (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Products in favour of a third party without the prior written consent of Jaggards;
            (e) immediately advise Jaggards of any material change in its business practices of selling the Products which would result in a change in the nature of proceeds derived from such sales.
11.4   Jaggards and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
11.5   The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
11.6   The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
11.7   Unless otherwise agreed to in writing by Jaggards, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
11.8   The Client must unconditionally ratify any actions taken by Jaggards under clauses 11.3 to 11.5.
11.9   Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 

12.  Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”) 

12.1   The Client must inspect the Products on delivery and must immediately on delivery notify Jaggards in writing of any evident shortage in quantity, or failure to comply with the description or quote. Upon such notification the Client must allow Jaggards a reasonable opportunity to inspect the Products.
12.2  Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
12.3   Jaggards acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
12.4   Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Jaggards makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Products. Jaggards' liability in respect of these warranties is limited to the fullest extent permitted by law.
12.5   If the Client is a consumer within the meaning of the CCA, Jaggards' liability is limited to the extent permitted by section 64A of Schedule 2, otherwise Jaggards’ liability is limited to $100.00.
12.6   If the Client is not a consumer within the meaning of the CCA, Jaggards' liability for any defect or damage in the Products is:
            (a) limited to the value of any express warranty or warranty card provided to the Client by Jaggards at Jaggards' sole discretion;
            (b) limited to any warranty to which Jaggards is entitled, if Jaggards did not manufacture the Products; or
            (c) otherwise negated absolutely.
12.7   Subject to this clause, returns will only be accepted provided that:
            (a) the Client has complied with the provisions of clause 12.1; and
            (b) Jaggards has agreed that the Products are defective; and
            (c) the Products are returned within a reasonable time at the Client's cost (if that cost is not significant); and
            (d) the Products are returned in as close a condition to that in which they were delivered as is possible.
12.8   Notwithstanding clauses 12.1 to 12.7 but subject to the CCA, Jaggards shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
            (a) the Client failing to properly maintain or store any Products;
            (b) the Client using the Products for any purpose other than that for which they were designed;
            (c) the Client continuing to use any Products after any defect has become apparent or should have become apparent to a reasonably prudent operator or user;
            (d) the Client failing to follow any instructions or guidelines provided by Jaggards;
            (e) fair wear and tear, any accident, or act of God.
12.9   Notwithstanding anything contained in this clause if Jaggards is required by a law to accept a return then Jaggards will only accept a return on the conditions imposed by that law. 

13.  Liability and Warranties 

13.1   Subject to clause 12, Jaggards shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Jaggards of these terms and conditions (alternatively Jaggards' liability shall be limited to damages which under no circumstances shall exceed the Price of the Products).
13.2   You agree to release Jaggards, its subsidiaries, and their respective directors, employees, contractors and agents from any obligation or liability with respect to any loss, whether direct or consequential, that you suffer or incur in connection with your business dealings with Jaggards except to the extent of liability imposed by the CCA.
13.3   Images of the Products on the Website in comparison with the physical Products may vary in finish, including colour tone, surface texture and shape. Image quality may also vary when viewed on different browsers and mobile devices.
13.4   Jaggards shall not be liable for any loss arising in connection with the operation (including delays and errors) breakdowns, disruption to or malfunction of any system, device or service except to the extent of liability imposed by the CCA.
13.5   Jaggards is not responsible for the reliability, completeness or accuracy of any third party information it provides or makes available to you.
13.6   Any link or links on our website to an external site is provided for your convenience only. Jaggards does not control or monitor such sites and is not responsible for the content or opinions that might be on them. We make no warranties or representations that material on other websites to which material is linked. 

14.  Cancellation 

14.1   Jaggards may cancel any contract to which these terms and conditions apply or cancel delivery of Products at any time before the Products are delivered by giving written notice to the Client. On giving such notice Jaggards shall repay to the Client any money paid by the Client for the Products. Jaggards shall not be liable for any loss or damage whatsoever arising from such cancellation.
14.2   Cancellation of orders for Products made to the Client's specifications, or for non-stock list items, will not be accepted once an order has been placed. 



Contact:
Jaggards Pty Limited
Level 8, 74 Pitt Street
Sydney NSW 2000
Australia
Phone: +61 2 9230 0886
Email: 
info@jaggards.com.au 


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