Oxbridge House, Inc.
Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You”, “Your” and “Customer” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In using this website and/or shipping any materials to us, you are deemed to have read and agreed to the following Terms and Conditions, which may be updated or changed from time to time by the Company without notice to you. Your continued use of this website or any services provided thereon, following the posting of any changes to these Terms and Conditions, constitutes acceptance of those changes.
The Company’s services are available only to, and may only be used by, individuals who are eighteen (18) years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least eighteen (18) years old and that all registration information you submit is accurate and truthful.
Acceptance of Offers and Choice of Payment
You may place orders with us either in person at our trading office or via telephone. As soon as you have submitted an order, a confirmation number is issued and a binding agreement is made at the price listed in such order. All orders must be fully paid no later than the end of the day of the date of the order. For any order which payment is not received by the end of the day on which the order is placed, we cannot guarantee that the order can be fulfilled.
You may make payment using any of the following options, with limitations where noted:
- Cash: The price listed in the order will be honored if we receive a full cash payment by the end of the day of the date of the order.
- Bank Wire Transfer: The price listed in the order will be honored if we receive a full bank wire transfer payment in our bank account by the end of the day of the date of the order.
- Personal or Business Check: The price listed in the order will be honored if we receive a personal or business check by the end of the day of the date of the order. We hold all personal and business checks for 3-7 business days, however, and you will only receive your items after such holding period. Make checks payable to: Oxbridge House, Inc. and enter your confirmation number in the memo field of your check.
- Cashier Check: The price listed in the order will be honored if we receive a cashier’s check by the end of the day of the date of the order. We hold all cashier’s checks for 1-3 business days, however, and you will only receive your items after such holding period. Make cashier’s checks payable to: Oxbridge House, Inc.
- Credit Card: We accept Visa and Mastercard only for non-bullion transactions.
Customer agrees to make 5% Credit Card authorization. This authorization will lock in your price. The customer must wire or send check for the full amount of the order and once the wire or received is received, the 5% authorization will be voided.
If a customer fails to wire the full amount for the order, Oxbridge House, Inc. reserves the right to turn the 5% authorization into a non-refundable charge. Customers will be liable for any and all market losses.
In the case of sales of precious metals to us, we will offer a purchase price and issue a confirmation number for your order. Upon receipt of the confirmation number, the agreement for the sale is binding. You are obligated to present the items in person or ship the items overnight so that the items are received no later than the end of the next business day from the date you received the confirmation number (please provide a tracking number for the shipment to notify us that the items have been shipped). If there is a delay for which the shipping company is at fault, we may elect to proceed with the transaction or return your items in our sole discretion.
If we confirm the items meet our standards and your description, we will issue a company check to you. If, after inspection, the items presented or shipped do not meet our standards or do not accurately reflect your description, in our sole discretion, we will promptly return the items to you and have no further obligation. We are not responsible for any depreciation in value to the items that may be suffered as a result of our evaluation process and/or shipping times.
You are responsible for paying any and all taxes applicable to any money or sales proceeds received by you from the Company.
Cancellation, Return and Market Loss Policies
After a confirmation number is given, but prior to payment and/or the provision or shipment of the items, you may cancel your order effective upon receipt of proper notice by the Company. All cancellations are subject to a $35.00 cancellation fee, and are subject to our market loss policy.
Following the delivery of the items, the Company does not permit returns by customers except when the following three conditions have been met: 1) no more than three (3) days have elapsed from the date the Customer has received the items, 2) the items are still in their original packaging, and 3) the items purchased by Customer were not bullion. If the above conditions have not been met, the Company will have no further responsibility to the Customer regarding the items, refunds or any other issue related to the transaction. The Customer is responsible for appropriately packaging the items for return shipping. Shipping and handling charges are non-refundable in all cases. There will be a restocking fee equal to 5% of the order price deducted from all return refunds and all returns are subject to our market loss policy. If you have met the above conditions and would like to return your items, please contact customer service for more information. Exchanges will be considered on a case-by-case basis.
All cancellations and refunds are subject to our market loss policy, which states that the price for the canceled or returned items, whether for sales to the Company or purchases by the Customer, is set at the ask price in place by the Company at the time of the request for cancellation or refund. Any deviation from the current ask price and the price listed in the order, as represented by the confirmation number, whether it be a market gain to the Company or a market loss to the Customer, will be charged to the Customer, in addition to the cancellation or restocking fees, as applicable.
Shipment and Storage
All packages of items will be shipped ground using a carrier of the Company’s choice. All packages are fully insured against loss and should arrive within 5 to 10 business days of receipt of payment by the Company, or after the applicable holding period. It is company policy not to provide tracking numbers; if your package has not arrived within 30 days from receipt of payment, please contact customer service so that we may locate your package. A signature is required for all shipments delivered to Customer.
The Company shall not be liable for any damage, destruction or loss to packages or items sent to you, in the event that such damage is due to your negligence, instructions you gave to the carrier or your failure to safely secure the items inside the delivery address. If the shipment packaging or items are damaged as a result of the shipping process, the insurance covering the package will cover the loss. In such an event, the Company shall determine, in its sole discretion, whether to refund any monies paid by you or prepare a new shipment containing items that comply with the order you placed. Under no circumstance will the Company be required to accept any items submitted by you for sale to the Company, or be liable for any damage to the items incurred during such shipping process, or be liable to any insurance carrier for such items.
We do not store items on any Customer’s behalf. If the Customer wishes the Company to ship the items directly to a storage facility, the Customer must notify the Company in writing at the time the order is placed and the confirmation number is issued. The Customer is responsible for picking up the items as required by the storage facility and is responsible for all required storage fees. The Customer is responsible for the items following delivery to any storage facility as per Customer’s request. The Company shall not be liable, in any event, for any damage or loss to or seizure of the items by the storage facility after delivery. The Company is not affiliated with any storage facility but does recommend Diamond State Depository as a reputable storage facility. If the Customer uses Diamond State Depository, be advised that this paragraph shall still apply, and the Company shall not be liable for any damage or loss to or seizure of the items after delivery.
An investment in gold bullion or other precious metals, as with any speculative investment, involves a high degree of risk. The value of a Customer’s investment in gold bullion or other precious metals could be seriously impaired and Customer may lose all or part of the money paid to purchase such precious metals based on the market prices in place at any given time for such precious metals. The precious metal and rare currency markets are unregulated, volatile, speculative and subject to unforeseeable and large swings of prices which can dramatically affect the value of any item purchased from the Company. Additional risks and uncertainties, including some not presently known or that may currently seem immaterial, may also impair the value of such precious metals. We encourage you to develop a sophisticated understanding of the precious metal and rare currency markets, as well as other risks inherent in the purchase of precious metals, and consider those risks prior to making a purchase of such precious metals. You should not make such purchases if you are not competent to do so or if you are not in charge of your financial affairs. The Company makes no guarantee or assurance that any items purchased will have any set value, whether below or above the amount paid by the Customer, at any time after delivery of the items to the Customer and cannot guarantee that applicable laws or regulations will not affect such value in the future.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The gold and silver price calculators and updates listed on this website are for convenience only, and should not be relied upon as definitive. The Company shall not be liable to you for your reliance upon gold or silver prices or any other data that may be found on this website.
You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of any content, information or items you submit, post, transmit, mail or otherwise make available to the Company or to third parties with whom you are in contact via this website, including but not limited to any confidential information, a breach of any representation or warranty made by you, your violation of these Terms and Conditions, or your violation of any rights of another. None of the provisions of this paragraph shall be deemed to create or grant any rights in favor of anyone other than indemnified parties; this provision excludes, among others, any right of subrogation in favor of any insurer or surety.
Limitation of Liability
IN NO EVENT WILL COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OF OR DESTRUCTION OR DAMAGE TO THE ITEMS YOU HAVE SUBMITTED TO THE COMPANY. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY SHALL BE BINDING ON CUSTOMER AND CUSTOMER’S SUCCESSORS, ASSIGNS, INSURANCE CARRIERS AND ANY OTHER THIRD PARTY ASSERTING A CLAIM AGAINST THE COMPANY FOR ANY TRANSACTION CONTEMPLATED BY THE SERVICES PROVIDED ON OR IN RELATION TO THIS WEBSITE.
COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF A) THE OFFER VALUE OR ACTUAL PAYMENT TO THE COMPANY BY CUSTOMER FOR THE ITEMS IN QUESTION, OR B) $100.
In the event of a dispute with the Company, you must first submit a claim identifying the nature of the dispute. Your claim must be properly completed using the Company’s Claim Form, which will be provided to you upon request. The Claim Form must be signed, dated and mailed to the Company’s offices in accordance with the instructions set forth on the Claim Form, together with proof substantiating your claim. Any supporting documentation you have in support of your claim may be attached to the Claim Form. Upon receipt of your properly completed Claim Form, the Company will review your claim for a period of thirty (30) days before issuing a decision. Only the Customer and the person who is the subject of a claim may submit a claim to the Company; no third party may submit a claim either on behalf of itself or the person who is the subject of the claim.
Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.
Links To and From this Website
You may not create a link to any page of this website without our prior written consent. We do not monitor or review the content of other party’s websites which are linked to or from this website. The Company is not responsible for the privacy practices or content of such third-party websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of information to third parties with which you have come into contact via this website.
Neither we nor our affiliates make any representation that this website or content appearing on this website is appropriate or available for use in locations outside the United States. Those who choose to access this website from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
The Company’s rights under these Terms and Conditions may be assigned. These Terms and Conditions shall inure to the benefit of the parties and their successors, administrators, heirs and assigns. These Terms and Conditions shall be interpreted under the laws of the State of California applicable to contracts entered into and fully to be performed therein. No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof. Unless the parties have a written agreement signed by each of them that governs the relationship between the parties as relates to this website, these Terms and Conditions constitute the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein. You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions or your use of the services provided by the Company. Unauthorized use of this website may give rise to a claim for damages.
The information on this website is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
© 2012 Oxbridge House, Inc.