Legal Disclosures and Service, Use, and Transaction Terms
GENERAL
Welcome to brightbullion.com (the “Website”), operated by Bright Bullion and its affiliates. By using the Website or engaging in transactions with Bright bullion, you acknowledge that you have read and agree to be bound by these Service, Use, and Transaction Terms (“Terms”) and by our Privacy Policy (see below), which is incorporated herein by reference. If you do not agree to any of the terms or the Privacy Policy set forth herein, you may not use the Website or engage in transactions with Bright Bullion. These disclosures and Terms are subject to change at any time without notice and it is your responsibility to review these Terms regularly to ensure that you are aware of any changes.
MARKET AND INVESTMENT RISK
Bright Bullion and its staff do not act as personal investment advisors. Nor do we advocate the purchase or sale of any regulated security listed on any exchange for any specific individual. Readers and customers should be aware that precious metals markets have inherent risks, are volatile, and are affected by economic conditions, political events, and speculative activities. There is no guarantee of future profits. You are responsible for your decisions, and they should be made in consultation with your own advisors. By purchasing or selling precious metals products through Bright Bullion, you understand our company not responsible for any losses caused by your decisions, nor do we have any claim to any market gains you may enjoy. This Website is provided “as is,” and Bright Bullion disclaims all warranties (express or implied) and any and all responsibility or liability for the accuracy, legality, reliability, or availability of any content on the Website.
PUBLISHING ACTIVITIES
All commentary and analysis contained within Bright Bullion’ emails, publications, podcasts, and Website are provided for general educational purposes only. In no event is this information tailored to the specific needs of any person or group, and it does not constitute investment advice.
RETURNS AND REFUNDS
Your satisfaction of product quality is guaranteed on all orders. If you are not satisfied, you have 3 days after receipt of shipment to notify our customer service team at 1-720-726-9980 of your dissatisfaction. The decision to refund or replace your item will be at the sole discretion of Bright Bullion Exchange. Original shipping and handling charges are non-refundable. Returned items will be subject to the customer paying return shipping and product value losses, if any. Credit card orders are subject to a 5% restocking fee. All items must be returned in original packaging. In the case of a request for an exchange, Bright Bullion Exchange expressly reserves the right, in its sole and absolute discretion, to find an acceptable replacement or refund your money should an acceptable replacement be unavailable. In the event the carrier (USPS, UPS, or Fed Ex, etc.) attempts to deliver to you a damaged package, you should refuse to accept delivery of the shipment so that our insurance coverage can remain in effect.
NON-CANCELABLE ORDERS, DELIVERY, AND TAXES
Orders placed with Bright Bullion Exchange may not be canceled by customers. A failure to follow through on orders as agreed could result in monetary damages recoverable by Bright Bullion, including collection fees. Items purchased by customers will generally be shipped within 48 hours of clearing your payment (and upon full satisfaction of all amounts owed by the customer to Bright Bullion) and will only take a few days to arrive. If an order is expected to take longer to ship, customers are advised when the order is placed. Delivery carriers are instructed to request a signature upon delivery. Any customer waiver of security and/or signature procedures or failure to claim a package in a timely manner can be a basis for denial of coverage.
We reserve the right to refuse, void, or liquidate orders from customers who fail — or have previously failed — to honor their commitments, who violate our policies, who attempt to circumvent our promotional conditions, or where potentially fraudulent activity is detected. To further protect against fraud, be advised that your phone transactions may be recorded and you consent to such recording as a condition of doing business with Bright Bullion .
In the rare event of a lost or stolen shipment, customers must fully cooperate with any investigation conducted by Bright Bullion, law enforcement, postal authorities, and insurance adjusters. Bright Bullion has sole discretion in determining whether to cover a loss. We will not cover a loss where you have left instructions with any carriers or delivery services to leave packages unattended for you without the need for a signature. This includes, but is not limited to, a building manager, neighbor, a business mailroom, or a drop-off location such as Mail Boxes etc. and The UPS Store.
Should a package be returned after a failed delivery attempt, and a customer is unable or unwilling to make new delivery arrangements, we reserve the right after 30 days to liquidate the items on the order for the original purchase price or current market value, whichever is less. Funds will be held pending instructions on where to deliver them.
Bright Bullion is a small Denver business, and, in some cases, we do not have an obligation (and/or ability) to calculate, collect, and remit such taxes on goods delivered into certain states. When you are in the order checkout process, we calculate, assess, and disclose sales taxes Bright Bullion is actually required to collect from you. Fortunately, more than three dozen states have full or partial exemptions from sales and use taxes on gold, silver, and other precious metals. Even where we have not collected sales taxes, a use tax on customers’ precious metals may still be imposed by states which have not yet explicitly recognized the monetary metals as money or assets inherently held for resale. Therefore, if your state happens to impose a tax on any of the items you purchased and we have not withheld such taxes, be advised that it would be your obligation to pay directly to your state the applicable taxes you may nevertheless owe.
To learn whether your state has imposed a sales or use tax on precious metals, please visit this page. The laws of each state and locality differ, and sales and/or use tax applicability may vary as to your cart total and/or with respect to each individual precious metal, coin, bar, round, accessory, or other item you purchased. Unfortunately, this is a complicated area, so it’s important to consult with your own tax professional if you are unclear on what use tax obligations you may have
SPECIAL NOTICE REGARDING GOLD AND SILVER ROUNDS
If your order includes any gold or silver rounds, for the avoidance of all doubt, you are again advised that “rounds” are not legal tender “coins,” they are not (and do not purport to be) numismatic items, and are not minted by any government. Rather, they are low-cost, privately minted products which are almost exclusively valued for their precious metals content. Furthermore, no items available for sale by Bright Bullion are imitation numismatic items, replicas, or copies of government-minted coins.
SELLING TO MONEY METALS EXCHANGE
If you have sold items to Bright Bullion, make sure to package your shipment securely. Use good condition boxes and fill all voids completely in the box interior. Tape plastic coin tubes securely closed, and seal the box with plenty of packing tape. Shipments over 5 pounds should be double boxed.
Unless explicitly agreed otherwise, the price shown on your purchase order is for product in good, marketable condition. If the condition of your items is such that Bright Bullion, in its sole discretion, believes it cannot re-market the item(s) in the condition received, your price may be adjusted lower, or, alternatively, the items can be returned at your expense, including payment for any applicable market losses Bright Bullion may have incurred. You must ship the metals within 2 business days (unless the shipment has already been made or Bright Bullion already has possession of your metals). You are responsible for insuring the shipment for its full value. We highly recommend shipping via the US Postal Service, because USPS is currently the only carrier that will provide insurance for precious metals. Bright Bullion will issue payment within 3 business days of receipt of the metals, unless otherwise agreed.
Clients sending items to Bright Bullion and Money Metals Depository are responsible for delivering genuine precious metal coins, rounds, and bars. (Be advised that deliberate attempts to pass counterfeit items may result in civil or criminal complaints.) Clients may request the return of counterfeit and replica items shipped to our facility at their expense, provided they do so within 72 hours. After this period Bright Bullion may destroy the items. If there are market losses because genuine precious metals were not delivered by customers as agreed, Bright Bullion may pursue collection.
PRICING ERRORS
Bright Bullion prides itself in providing the most up-to-date market pricing derived from a live global feed from a well-established service. Occasionally, we do make mistakes and there may be a typographical or electronic pricing error. Under these rare circumstances, Bright Bullion retains the right to cancel, modify, or refund an order.
ELECTRONIC COMMUNICATIONS
By using this Website, you are communicating with us electronically and consent to receive communications from us electronically. You agree that all electronic communications – including notices, disclosures, cancellations, and policies – shall satisfy any legal requirements that such communications be in writing.
COPYRIGHT AND TRADEMARKS
Intellectual property rights in any and all content that appears on the Website, including but not limited to copyright, trademark, patent, trade dress, trade secret, know how, and proprietary information, such content including but not limited to: information, articles, graphics, images, video, audio, logos, slogans, text, data, and photographs (“Content”), are the property of Bright Bullion. By using the Website, you agree not to use or exploit any Website Content, without written permission from Bright Bullion.
YOUR ACCOUNT
It is your responsibility to maintain the confidentiality of your account (including username and password) and to restrict access to any computer you use to access your account or complete a transaction. By using our site, you accept full responsibility for any activity which occurs on your account and release Bright Bullion from any liability therefor.
REVIEWS AND COMMENTS
User reviews and comments are the opinion of others and are not the opinion of Bright Bullion. Although Bright Bullion will endeavor to remove false or defamatory comments, Bright Bullion is not responsible for the opinions of other users.
LINKS TO THIRD PARTY WEBSITES AND CONTENT
This Website may include links to third-party websites or services. Bright Bullion does not review such links nor does their presence on the Website constitute any endorsement thereof. By using the Website, you acknowledge that we are not liable for any third party content, products, or services, nor for the privacy practices of such websites.
NOT A REGULATED TRADING EXCHANGE, NO USE OF LEVERAGE
Bright Bullion is a retail dealer of physical precious metals that buys from and sells to the public. All precious metals transactions are conducted on a principal-to-principal, fully paid basis, i.e. there is no use of leverage or margin. Upon receipt of cleared funds for the full amount owed (including full satisfaction of invoiced and/or scheduled shipping costs, prior balances owed by the customer, and other applicable fees), orders are promptly delivered to the customer directly or into a storage account under the customer’s control. Bright Bullion’ business activities are not governed by state and federal laws governing futures transactions, such as those laws administered by the Commodity Futures Trading Commission (CFTC). Bright Bullion’ products are not considered “securities” subject to regulation by the Securities Exchange Commission (SEC). And finally, Bright Bullion does not act as a trading exchange as defined by the CFTC and the SEC.
MONEY METALS DEPOSITORY
Bright Bullion LLC and Bright Bullion Depository LLC (“the Companies”) maintain robust internal procedures and controls, including anti-money laundering and fraud detection programs as required by the Bank Secrecy Act. However, our precious metals storage activities are not regulated or otherwise overseen by any state or federal agencies, nor are customers’ precious metals covered by any state or federal insurance program if losses occur. Instead, we maintain robust, privately funded insurance that does not rely on taxpayer-funded bailouts or guarantees.
As a national dealer, Bright Bullion buys and sells gold, silver, platinum, palladium, rhodium, and copper in transactions with members of the public. We do not provide foreign exchange services, leveraged trading products, or futures. An affiliated company under common ownership and control, Bright Bullion Depository (“the Depository”), provides storage services for those customers wishing their valuables to be held in a highly secure way.
The Companies maintain an insurance policy covering All Risks of physical loss and/or physical damage to all stock of whatsoever nature involved in the conduct of the Companies businesses including but not limited to precious metals and semi-precious metals of every description and in whatsoever state, including mysterious disappearance and/or unexplained loss and shortage, employee dishonesty and theft, third-party dishonesty and/or theft, loss or damage from fire, flood, or other natural disaster. Loss from acts of war, terrorism, radioactive contamination, and chemical, biological, biochemical, and electromagnetic weapons are excluded.
The Depository operates a UL Class 3 vault in Eagle, Denver. The facility employs multiple perimeters of electronic and physical security (including, but not limited to, armed security) and redundant systems. Employee background checks, access controls, dual control procedures, reconciliations, routine internal audits, and annual independent audits are hallmarks of operating procedures.
All movements of high value items are documented and tracked. The Depository only offers segregated storage of customer property and does not offer unallocated Depostory accounts.
The Companies and its principals have never been party to any liens, bankruptcies, judgments, litigation, prosecution, or regulatory action involving financial or commodity statutes, rules, or regulations. Depository customers receive additional disclosures in conjunction with establishing their accounts, as well as annually.
DIGITAL MILLENNIUM COPYRIGHT ACT
Bright Bullion complies with the United States Digital Millennium Copyright Act (“DMCA”). Upon receiving proper notification of copyright infringement by any material on the Website, Bright Bullion shall remove the identified copyrighted material. Bright Bullion’ designated contact and agent for such notifications is Doug Shockley who can be reached through
APPROPRIATE USER CONDUCT AND USE
You may not use the Website for any illegal, infringing, abusive, or unauthorized purpose and must at all times comply with all applicable domestic and international laws, statutes, ordinances, and regulations which apply to Internet use and conduct.
LIABILITY LIMITATION
YOU AGREE THAT BRIGHT BULLION OR ITS AFFILIATES SHALL NOT BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR THE GOODS AND SERVICES PROVIDED BY BRIGHT BULLION.
GOVERNING LAW AND ATTORNEYS FEES
These Terms shall be governed by the laws of the State of Denver. Any disputes arising under or related to these Terms or the Website shall be litigated or heard in the state or federal courts of Colorado, and you consent to the exclusive jurisdiction of such courts. If any action under these Terms is brought in another jurisdiction, and a party prevails in removing venue to the agreed sole venue for any disputes, that prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees, costs, and expenses of litigation.