Terms & Conditions

Bullion Sales and Purchasing Terms and Conditions – Heritage Gold

Interpretation

In this agreement, unless the context otherwise requires:

  • Heritage Entities – The terms Heritage Gold, Heritage International Ltd, and Heritage are used interchangeably throughout this agreement and all refer to the same legal entity.
  • Account – means an account held by Heritage Gold on your behalf for the purpose of facilitating any product or service, including the trading or purchasing of precious metals on behalf of the Authorised Agent.
  • Authorised Agent – means any person you have properly authorised in writing to give trading or collection instructions to Heritage Gold on your behalf. You may be representing a company, trust or other entity, in which case we require both your personal identification and confirmation of your right to represent the entity. Where an Authorised Agent is more than one person, we require instructions as to whether the account is to be operated jointly or severally.
  • Available Funds – means cleared funds in Heritage Gold’s nominated bank account. Credit card payments require 5 days for clearance. If collecting goods in person, your credit card must be presented at pickup.
  • Business Day – means a day on which banks and foreign exchange markets are open for business in Wellington, New Zealand.
  • Bullion – means any precious metal of not less than 99.5% purity for gold and 99.9% purity for silver.
  • Insurance – means insurance cover arranged by Heritage Gold for couriered bullion sent to the nominated address of the Authorised Agent.

General

Account holders and Authorised Agents must be over the age of 18 to open an account with Heritage Gold. This agreement applies to all dealings between the Authorised Agent (collectively referred to as “you” or “your”) and Heritage Gold (collectively referred to as "we", "our" and "us") regardless of the facility/device/mechanism used to facilitate the dealings.

  1. Upon its commencement, this agreement replaces any agreement that currently exists between you and us, and the obligations entered into under the prior arrangement will be treated as if they were entered into pursuant to this agreement.
  2. You agree and warrant notifying Heritage Gold immediately of any errors or omissions in our records with respect to your details or Account.
  3. You acknowledge that this Agreement is governed by the laws of New Zealand.
  4. All instructions are subject to the law of New Zealand, and the terms of this Agreement.
  5. We will not be responsible for any loss or liability 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.
  6. You acknowledge that by placing a buy or sell order with Heritage Gold or creating an account you evidence your acceptance of the Terms and Conditions of this binding agreement.

Buying from Us

Quotes: 17. All quotes expire one hour after issue unless otherwise stated. During volatile markets, quotes may expire sooner.

Purchase Orders: 18. All confirmed purchases are final and cannot be cancelled. 19. If payment is not received within 24 hours of ordering, you are responsible for any resulting losses or fees. 20. In volatile market conditions, live pricing will be used unless otherwise agreed. 21. We may suspend trading during extreme volatility, at our sole discretion. 22. Any published prices are indicative only; final pricing is locked in at confirmation. 23. Orders are final and cannot be changed once confirmed. No returns or refunds will be accepted. 24. You are responsible for arranging collection or accepting delivery of your order.

Payment and Settlement: 25. You must pay: a. The full purchase price, fees and charges. b. Any applicable taxes or third-party costs. c. Interest on overdue amounts. d. Costs arising from failure to settle on time.

  1. If you default: a. A $250 + GST admin fee applies per default. b. You must compensate us for all losses and / or legal recovery costs. c. We may exit positions and recover costs from you. d. You will pay the difference between the sale and buyback price if an order is cancelled. e. We may debit your credit or debit account to recover costs. f. We may refuse future orders.
  2. You must ensure sufficient Available Funds before placing an order.

Selling to Us

  1. You are responsible for ensuring all instructions to Heritage Gold comply with law and this agreement.
  2. Written instructions are deemed received once acted upon. It is your responsibility to confirm receipt.
  3. We are not obligated to accept any trade instructions.
  4. We act only within the scope of your instructions.
  5. We may refuse instructions for legal, ownership, or clarity reasons.

Authorities and Indemnities

(Clauses 35 to 40 survive termination)

  1. You authorise us to disclose your application data to credit agencies and request credit reports.
  2. We may record phone calls.
  3. You agree to pay all fees and reimburse external costs including GST.
  4. We may apply any credits or payments against amounts you owe us.
  5. You indemnify Heritage Gold and its agents against all losses and legal claims arising from your breach.
  6. You release Heritage Gold from liability for any direct or consequential loss.
  7. We are not liable for issues arising from system or service breakdowns.

Notice

42. Any notice is deemed received the business day after posting, or upon confirmation if sent electronically.

Termination

43. Either party may terminate this agreement with 7 days’ written notice.

Assignment

44. You may not assign this agreement without our written consent. We may assign without notice.

Severance

45. If any part of this agreement is invalid, the rest remains in force.

Privacy

46. We collect personal data to administer your account and comply with legal requirements. You may access and correct your data. We may share it with agents, service providers, or regulators where required.

Warranties

47. Your representations and warranties apply each time you transact with us.

Additional Clauses

Anti-Money Laundering (AML/CFT) Compliance
Heritage Gold complies with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ). You agree to provide all identification and documentation required to fulfil our compliance obligations. Heritage Gold reserves the right to suspend or terminate any account or transaction where adequate information is not supplied or suspicious activity is detected.

Electronic Communications
You consent to receiving all notices, confirmations, invoices and other communications from Heritage Gold electronically, including via email or SMS. It is your responsibility to keep your contact details up to date.

Force Majeure
Heritage Gold is not liable for any failure or delay in the performance of its obligations due to events outside its reasonable control. These include but are not limited to: natural disasters, war, market disruptions, cyberattacks, government action, telecommunications failures or legal changes.