Terms of Service
Terms of Service and Privacy Policy for The Gold Buyer Boutique (GB IP PTY LTD) Effective Date: [8 February 2024]
Introduction
These Terms of Service (“Terms”) govern the relationship between you (“Customer” or “You”) and GB IP PTY LTD, trading as The Gold Buyer Boutique (ABN 14 674 855 497). These Terms, along with any other policies or notices published or linked on our website, constitute a binding agreement (“Agreement”). By accessing our services or sending us gold or other precious metals—whether by mail or in person—you acknowledge and agree to these Terms. If you do not agree, please refrain from using our services. We reserve the right to amend these Terms at any time; continued use of our website or services indicates your acceptance of any changes.
Licensing and Compliance
- We operate under all licensing requirements mandated by the Secondhand Dealers and Pawnbrokers Act 2003 (“the Act”) and hold the license number XXXXXX.
- We adhere strictly to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (“the AML/CTF Act”).
Before Using Our Services – Key Conditions
You must:
- Confirm that you are at least 18 years of age.
- Provide complete and truthful information on our customer forms and inform us promptly of any updates, including details about the items you submit.
- Acknowledge that prices and delivery times listed on our website may occasionally contain errors or omissions.
- Understand that we do not purchase stones; however, we can remove stones and return them upon request.
How Our Process Works
- Request a prepaid mail-in package through our website’s contact options.
- Upon receipt of the pack, complete our customer form and include it with your items.
- Verify your identity by photocopying and mailing ID documents (like a driver’s license or utility bill) or photographing and emailing these before mailing.
- Send your items securely to us within Australia.
- Once received, we will assess your items and provide a valuation.
- If you accept our offer, we will transfer the agreed payment into your nominated bank account within two business days.
- If you decline, we will promptly return your items.
Handling of Parcels and Delivery
- We use Australia Post Registered Post for sending and receiving parcels.
- Your parcel is at your own risk until it is received by us. Insurance coverage applies only if you use the prepaid packaging provided and lodge it in person at an Australia Post outlet.
- Once signed for, we take responsibility for your parcel.
- Insurance coverage for lost parcels is up to $250, with claims processed after 8 weeks if the parcel remains unlocated. Parcels valued above $250 are your responsibility for any excess.
- You may choose to send parcels via your own courier, but reimbursement beyond $250 is not available for such shipments.
- We are not liable for lost or stolen parcels outside the insured terms.
Valuation and Purchase Process
- Valuations are typically completed within 24 hours of receipt.
- Items are professionally tested to determine purity, weight, and market value based on current gold prices.
- We will present a purchase offer based on our valuation.
- You may accept or refuse the offer. If accepting but wishing to retain stones, specify this at acceptance; we will remove and return stones where possible, though removal may not be guaranteed or damage-free.
- Payments are made via direct deposit within one business day of acceptance. Weekend or holiday acceptances are processed on the next business day.
- If you decline our offer, we will return your items promptly at no charge, including any requested stones, subject to removal feasibility.
Cooling-Off and Return Policy
- We hold items for a 7-day cooling-off period as per Section 44 of the Act.
- Upon refusal of our offer, your parcel will be returned within two business days, using Australia Post Registered Post, requiring a signature upon receipt.
- Once items leave our premises, responsibility shifts to the courier.
Post-Transaction Protocol
- Contact us regarding all deliveries.
- Seek our prior consent before publishing any information about us.
- Maintain confidentiality of all communications in case of disputes.
- By providing photos, videos, or testimonials, you agree to assign copyright and reproduction rights to us, which we may use for marketing and promotional purposes. Should you wish to revoke this permission, notify us immediately.
Additional Terms
- We reserve the right to modify or update our website content at any time.
- We may refuse service or terminate your access at our discretion, especially if you breach these Terms.
- We can suspend or cease services without notice. We are not liable for any consequences arising from such changes.
Liability and Indemnity
- To the fullest extent permitted by law, we are not liable for any loss or damage resulting from your use of our services, including errors, late deliveries, lost or damaged items, reliance on information, or interruptions.
- Our maximum liability is capped at $1,000.
- You agree to indemnify and hold harmless GB IP PTY LTD and its affiliates against any claims arising from your breach of these Terms or related to your use of our services.
- You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any claims by your Insurer.
Dispute Resolution
- For unresolved disputes, both parties agree to seek resolution through an independent arbitrator or dispute resolution specialist, sharing their own costs.
Governing Law
- This Agreement is governed by the laws of New South Wales, Australia. Both parties submit to the jurisdiction of NSW courts.
- This document represents the entire agreement, superseding prior communications or arrangements.
- If any provision is unenforceable, it will be severed, and the remaining provisions will remain in effect.
- Rights and obligations survive termination.
Definitions
- Claim: Any legal or statutory claim, demand, or legal costs.
- Items: Gold, platinum, silver, or other precious metal jewelry or valuables submitted to us.
- Loss or Damage: Any direct or consequential damages, including loss of profits, injury, or property damage.
- We/Us/Our: GB IP PTY LTD, trading as The Gold Buyer Boutique, including its directors, employees, agents, contractors, and partners.
- Website and Services: Our online platforms, including https://thegoldbuyer.com.au, https://goldbuyerssydney.au, and related sites, along with all their content and services.
Privacy Policy
This Privacy Policy explains how GB IP PTY LTD, trading as The Gold Buyer Boutique (ABN 14 674 855 497), collects, stores, uses, and discloses your personal information.
What Information We Collect and Why
We typically gather:
- Identification details such as driver’s licenses or proof of age cards.
- Personal details including name, contact information, and residential address.
- Details about property sold, including descriptions, serial numbers, engravings, or markings.
- Communications with us, including feedback or inquiries.
- Information about how you interact with our website through cookies, analytics tools like Google Analytics, or social media pixels.
- Please note we do not collect your date of birth, even if we hold your driver’s license.
How We Collect Your Data
- Mainly through your direct interactions, such as filling out forms, contacting us by phone or email, or engaging via social media.
- Cookies and similar technologies are used to enhance website security, remember your preferences, and improve user experience.
- Data may also be obtained from third-party services like Google Analytics or Facebook Pixel, which track your activity across the internet.
Why We Collect Your Data
- To comply with licensing and legal requirements.
- To verify your identity and process transactions securely.
- To communicate with you about your inquiries or transactions.
- To send newsletters or updates, which you can opt out of.
- To analyze website traffic and improve our services.
Disclosing Your Personal Information
- We will only share your data when necessary, such as with licensed service providers for data storage, analytics, or marketing.
- We implement safeguards to ensure third parties comply with Australian privacy standards; however, some may store data overseas.
- Your information is protected against unauthorized access, loss, or misuse.
Accessing and Managing Your Data
- You may request access to your data or ask for corrections or deletions by contacting us.
- We will respond within legal and privacy guidelines.
- To lodge a complaint or report privacy concerns, contact the Office of the Australian Information Commissioner (OAIC).
Data Retention
- We keep your information for up to four weeks online.
- Afterward, data is securely stored on physical drives or paper in locked storage.
- To further protect your privacy, we do not record your date of birth in our accounting system—only your name, address, contact number, and a photo of the item sold are stored.
Important Information for Consumers Selling Gold Jewellery in New South Wales
If you’re considering selling your gold jewellery in New South Wales (NSW), it’s essential to understand your rights and the legal obligations of businesses purchasing second-hand goods. Second-hand dealers and pawnbrokers in NSW are regulated under the Pawnbrokers and Second-hand Dealers Act 1996 and must adhere to specific requirements to ensure fair trading practices and prevent the sale of stolen goods..
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Your Right to Reclaim Goods
If you believe that gold jewellery you previously owned is now in the possession of a second-hand dealer or pawnbroker, you have the legal right to claim it. To do so, visit any police station where an officer can advise you on your rights and the necessary steps to reclaim your property. This process ensures that disputes about ownership are handled appropriately and legally.
Information Sharing with Police
Be aware that second-hand dealers and pawnbrokers are required by law to inform customers that any information provided about the trading of second-hand goods may be shared with the police. This is part of their obligation to assist in preventing the sale of stolen goods and to comply with regulatory requirements.
Record-Keeping Requirements
Second-hand dealers and pawnbrokers must maintain accurate and complete records of every involving the receipt of second-hand goods, including gold jewellery. These records must be kept for a specified period and may be inspected by authorities to ensure compliance with the law. Failure to comply with record-keeping requirements can result in penalties.
Help and Advice
If you have any questions regarding the above, feel free to reach out to Tania for a confidential conversation. She can provide education and support in an easy-to-understand manner.
The Gold Buyer Boutique Licence Number :
Further Information
If you require further information on our terms & conditions, please reach out via email: tania@thegoldbuyer.com.au
Thank you for choosing a service created with integrity and care at its heart!