These terms and conditions (Terms) apply to bullion purchased online from the website www.hobartmint.com (Website);

1. Bullion purchase

Pursuant to these Terms, Hobart Mint Pty Ltd ACN 656 648 690 (The Company) agrees to supply bullion to you, associated body corporate or trust at the price fixed at the time you place an order with The Company using a Method of Payment.

2. Binding contract

a) Upon placing an order for bullion using a Payment Method:

i. the price of the order is agreed; and
ii. a binding contract exists between you and Hobart Mint Pty Ltd for the purchase of the bullion.

b) You assume all risk of price movement following your purchase of bullion.

c) Upon receipt of your order, The Company will issue you with an email notification confirming receipt of your order, which will include:

i. your order reference number
ii. order date
iii. the list of items ordered and their prices.
iv. the total of all product and shipping and insurance charges; and
v. your selected Payment Method.

This email is a notification that The Company has received your order, not a confirmation of acceptance of processing the order. Once the order is successfully processed you will receive an order confirmation email. This confirmation will not include any overseas customs duties, foreign taxes, additional clearance fees that may be applicable or bank fees applicable for your account.

d) You must advise The Company immediately if any details in the order confirmation email are incorrect.

e) You acknowledge that the year-date on bullion described on the Website does not necessarily indicate the year of release or the year the bullion was minted.

3. Payment

a) You must make full payment to The Company immediately on placing an order. Our receipt of your payment is subject to cleared funds in our bank account. If payment is not made immediately, The Company reserves its right to cancel the order subject to fluctuating spot prices.

b) Your failure to pay for an order in time will result in cancellation of the contract.

c) All payments must originate from your bank account displaying the same name as your account with The Company.

d) Company will not deliver any bullion until full payment has been received from you in cleared funds.

4. Payment Methods:

• Credit card and debit card
• Electronic Funds Transfer (EFT)
• Telegraphic Transfer (TT)
• Real time gross settlement (RTGS)

Please note:

The sales invoice number must be included in the narrative section as a reference when transferring funds via EFT, TT and RTGS so The Company can identify your payment and ensure that your funds are allocated to your order.
You agree that The Company is not liable for any delays in receipt of your funds into The Company bank account or if insufficient details have been provided to identity your payment.

5. Customer identification

5.1 Provision of customer identification documents

a) The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) requires The Company to identify customers with orders of AU$5,000 or more. However, if you place an order with The Company for AU$2,000 or more or would like to process multiple small orders exceeding the AU$2,000, you must provide appropriate certified or notarised ID when setting up your account.

b) Regardless of the value of the transaction, The Company reserves the right to request appropriate identification documents (ID) for the sale of bullion products using any Payment Method prior to the completion of the purchase.

c) The Company reserves the right to request additional customer ID, at our absolute discretion.

5.2 Authorisation

a) By providing your ID to The Company, you confirm that:

i. you are authorised to enable The Company to verify your identity; and
ii. you consent to disclosing your personal information to a third-party service provider for the purposes of verifying your identity and complying with our obligations under the Anti-Money Laundering and Counter
Terrorism Financing Act 2006 (Cth) or other applicable laws and regulations.

b) You consent to any third-party service provider engaged by The Company to access and use personal information about you held by government and other authorities.

c) If The Company is unable to verify your identity using the information provided by you, The Company will provide you with notice to this effect.

d) The Company will keep full and proper records of all disclosures, confirmations and consents connected with your personal information.

6. Pricing

a) All prices quoted on the Website of The Company are updated during The Company business hours from Monday to Friday as advertised on the Website (excluding public holidays).

b) The prices quoted on the Website and are only an indications of our retail prices and are not firm commitments to sell at the indicated price.

c) For orders placed through the Website, we will confirm the price at the time the order is placed.

d) The Company will not assume any liability for any loss suffered as a result of any action of any kind taken by any person based on this pricing information and The Company reserves the right to decline any transaction involving, without limitation, pricing or inventory errors caused by computer errors or malfunctions. Combined per unit prices quoted are made up of the bullion content at the prevailing spot price plus a manufacturing premium.

7. Goods and services tax (GST)

GST is not levied on bullion sold in Australia or overseas. However, Australian domestic sales incur GST on freight, packaging, and insurance.

8. Shipments and Deliveries

8.1 General

a) For shipping purposes, the weight of a bullion order is estimated as the product weight plus 25% for packaging. The Company will not provide any refund for freight if the freight is lower than the estimated rate, or lower than the minimum flat rate weight range.

b) If you nominate a representative to accept delivery on your behalf, the representative's full name and telephone number must be provided to The Company in writing in advance of the delivery date. The nominated representative must provide acceptable photo identification to receive the delivery.

c) The Company reserves the right to change its choice of shipping carrier without notice.

d) Acceptance of delivery by any person at the nominated delivery address will be deemed as completed delivery.

e) Any claim for non-delivery or lost bullion orders must be made within a reasonable time and will be assessed on a case-by-case basis and will be investigated as deemed appropriate by The Company.

8.2. Australian shipments and deliveries

a) under AU$70,000 are delivered to most Australian addresses, including residential and business addresses. Some remote locations may require collection from the nearest depot.

b) An acceptable for of ID from the person receiving the parcel is required for all deliveries. Only the customer or the customers nominated representative will be able to receive the parcel.

c) Delivery normally takes place within 1-3 days of dispatch; however it may take longer. If you or your nominated representative cannot receive the parcel, the carrier will provide information on how you will be able to collect the parcel.

8.3. Australian shipments over AU$70,000

a) Shipments over AU$70,000 are arranged on a case-by-case basis. Our team will liaise with you to determine the requirements for each shipment and provide a specific quote and shipping details. The carrier will contact you to arrange collection or delivery and they will outline the details they need in order to release the parcel to you.

b) Shipments over AU$70,000 can only be delivered to verified business addresses or collected from carriers’ depots subject to prior approval.

c) Carriers reserve the right to decline a delivery if the delivery address is deemed to be in a high-risk area.

8.4. International shipments and deliveries

a) Shipments under AU$5,000 are delivered by general carrier to most overseas addresses.

b) If no person is available to receive your bullion, a card with contact details will be left for you to arrange a re-delivery or collection of the item within 7 days. If no action is taken after this period, the bullion may be returned to The Company and it will incur return freight fees and other government charges, which you agree to pay. Additional fees will be incurred for a new delivery.

c) Shipping to certain international destinations shall be contingent on arrangements made between The Company and our preferred service provider for that region.

8.5 International shipments over AU$5,000

Shipments over AU$5,000 will need to be delivered by a secure carrier. These deliveries are arranged on a case-by-case basis. The Company will liaise with you to determine the requirements for each shipment and provide a specific quote and shipping details.

8.6 International import charges and taxes

a) Prices do not include overseas customs duties, foreign taxes or any other costs which may be associated with clearing bullion through local customs.

b) These fees are the sole responsibility of you the customer, as is any regulatory requirements.

c) The Company recommends that you check with local authorities for any import regulatory requirements.

d) Should you not provide any required customs documentation prior to delivery, or delivery is refused due to customs duties, taxes or other fees and the parcel is returned to The Company, you will be liable for all costs associated with the redelivery of the goods to you.

9. Insurance

a) All shipments are covered by insurance.

b) If any one item exceeds AU$70,000, you agree to use the services of a secure carrier which includes insurance.

10. Dispatch

a) The Company will undertake to ship orders within seven working days of receipt of cleared payment.

b) During periods of high demand, delivery delays may occur and The Company will not accept liability if your order is delayed.

11. Limitation of liability

a) The Company’s maximum liability at any time is limited to the price paid by you.

b) Under no circumstances will The Company be liable to you for any indirect, incidental, consequential, special, punitive or exemplary damages, including without limitation, damages for loss of revenue or loss of profits, loss of reputation or loss of goodwill, or delay in delivery of the order, or any increased costs incurred by you, or loss or damage suffered by you as a result of any investment decision which results from acting upon any material published by The Company on any website maintained by The Company, even if The Company has been advised of the possibility of such liability or foresaw or could have foreseen such liability, and notwithstanding whether such liability arises in contract, tort, statute, equity or otherwise.

12. Returns

No returns of bullion are accepted. Any shipment of bullion returned to The Company due to your refusal to accept delivery or you not being available for delivery, will remain your responsibility and cost, and will not be accepted as a return of product under any circumstances.

13. Buy-back

The buy-back of undelivered bullion may be undertaken only if the original purchase has not been dispatched and has been paid in full cleared funds (a delay of up to seven working days may apply from initial receipt of client payment).

14. Trading hours

Details of The Company’s trading hours can be found on The Company’s website.

15. Privacy

a) Any personal information submitted by you to The Company is subject to and will be handled in accordance with The Company’s Privacy Policy.

b) You agree that, by using a Payment Method to purchase physical bullion, you have read, understood and consented to the Privacy Policy of The Company.

16. Force majeure

16.1 Definition

Under these Terms, Force Majeure means any act, event or cause that is beyond The Company’s reasonable control, including but not limited to: an act of God, act of any Governmental Agency, accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, lightning, flood, earthquake, landslide, storm or other severe weather conditions, explosion, power shortage, strikes, lock-outs or other industrial disturbance (whether or not involving employees of the party concerned), uncontrollable delays in transportation, inability to obtain any necessary equipment, facilities or qualified employees, epidemic, quarantine, radiation or radioactive contamination or the effect of any applicable law, orders, rules or regulations.

16.2 Scope

If The Company is unable, wholly or in part, to perform any of the obligations under these Terms as a result of Force Majeure, then:

a) The Company will give notice of the Force Majeure and, insofar as known to The Company, the probable extent to which The Company will be unable to perform, or be delayed in performing our obligations;

b) these obligations shall be suspended, but only so far and for so long as The Company is affected by the Force Majeure; and

c) The Company shall resume performance of the obligations under these Terms as soon as The Company is no longer affected by the Force Majeure.

17. Severability and jurisdiction

a) If any provision of these Terms becomes invalid by law, regulation or proceeding, all other provisions remain in full force and effect.

b) These Terms constitute the entire agreement between you and The Company with respect to the transaction contemplated in these Terms and supersedes and extinguishes all prior oral agreements and understandings between you and The Company with respect to the transaction.

c) These Terms are governed by the laws of the State of Tasmania and applicable laws of the Commonwealth of Australia and you and The Company submit to the non-exclusive jurisdiction of the courts of that State and courts which hear appeals in those courts.

18. Waivers and remedies cumulative

a) No failure to exercise and no delay in exercising any right power or remedy under these Terms shall operate as a waiver, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

b) The rights, powers and remedies provided to The Company under these Terms are cumulative and are not exclusive of any rights, powers or remedies provided by law.