Terms & Conditions

  1. Any of the Goods posted by the Customer to TheGoldCompany Pty Limited ACN 138 185 314 (TheGoldCompany) will be subject to relevant terms and conditions of service of the postal or delivery service used by the Customer. TheGoldCompany does not accept responsibility for any loss, theft or damage to any Goods arising from their carriage by the postal or delivery service.
  2. TheGoldCompany performs refining services for items containing precious metals, such as gold, platinum and silver. On receipt of any Good from the Customer, which is submitted with a validly completed application form and the valid identification documents identified above, TheGoldCompany will, within 7 days of receipt of the Goods by TheGoldCompany, notify the Customer by telephone of the Quoted Price for that Good (Notification).
  3. The Notification will be deemed to constitute an offer by TheGoldCompany that it is willing to purchase the Refined Metal from the Customer in consideration for payment of the Quoted Price, when and if the Refined Metal is produced (Offer).
  4. Where the Customer does not use a Jewellery Return GoldPak prepaid satchel to post any Good to TheGoldCompany and pays for postage or delivery of that Good, an additional twenty dollars ($20.00) will be added to the Offer (Postal Credit).
  5. By signing this Form “A” and sending it to TheGoldCompany, the Customer will be deemed to have confirmed and agreed to TheGoldCompany that:
    1. the Customer is the beneficial owner of the Goods; and
    2. none of the Goods is subject to any encumbrance, third party claim, lien or any other claim.
  6. If the Customer instructs TheGoldCompany in the telephone conversation in which the Offer is made that he accepts the Offer, the Customer will be deemed to have:
    1. accepted the Offer in accordance with its terms;
    2. irrevocably directed and authorised TheGoldCompany to refine, or procure the refining of, the Goods in order to produce the Refined Metal; and
    3. conditional only upon the completion of the production of the Refined Metal, agreed to sell all the Refined Metal to TheGoldCompany in consideration for the payment to the Customer, in cleared funds, of the Quoted Price.
  7. If the Customer instructs TheGoldCompany, in the telephone conversation in which the Offer is made, that he does not accept the Offer and wants all or any of the Goods either:
    1. returned to the Customer, TheGoldCompany will send to the Customer at the address stated in this Form “A”, within 7 days of the date of receiving that advice, that Good or those Goods that are the subject of that Customer’s instruction, at the sole expense of the TheGoldCompany; and
    2. refined, and the Refined Metal returned to the Customer, TheGoldCompany will send to the Customer at the address stated in this Form “A”, within 7 days of the date of receiving that advice, that Refined Metal, and any remaining Goods that the Customer has instructed are not to be refined, subject to first receiving from the Customer payment of two hundred dollars ($200.00) being the fee for refining the Goods into the Refined Metal, and repayment to TheGoldCompany of the Quoted Price, less any Postal Credit (where applicable).
  8. The Customer is not obliged to accept or reject the Offer in the course of the telephone conversation in which the Offer is made.
  9. When the Customer neither accepts or rejects the Offer in the course of the telephone conversation in which the Offer is made, the Customer will be deemed to have directed and authorised TheGoldCompany to retain possession of the Goods as bailee, for and on behalf of the Customer. During the term of that bailment, TheGoldCompany does not and will not accept any responsibility for the loss, theft or damage to any Goods the subject of the bailment. If, after the expiry of ninety (90) consecutive days including and following the date on which the Offer was first made, the Customer has neither accepted or rejected the Offer in respect of a Good, TheGoldCompany reserves the right to return that Good to the Customer at the address stated on this Form “A” without any prior notice or communication to the Customer.
  10. TheGoldCompany will pay the Quoted Price to the Customer in accordance with the Customer’s payment instructions in this Form “A”.
  11. Apart from gold, platinum or silver, TheGoldCompany accepts no responsibility:
    1. to attribute any value to, or to preserve, any component, object, substance or material in, attached to or forming part of any of the Goods;
    2. for the destruction or disposal of any such object, component, material or substance in the refinement process. Customers are encouraged to remove any such objects, components, materials or substances before they submit items for valuation to TheGoldCompany.
  12. The Quoted Price is not represented by TheGoldCompany as being the value, or greater than the value, of the Refined Metal or the Good from which it will be refined. The Quoted Price is represented by TheGoldCompany as being the price that TheGoldCompany is willing to pay the Customer to acquire the unencumbered title in the Refined Metal, once that Refined Metal has been produced.
  13. The Customer and TheGoldCompany each agree that unless and until:
    1. the Customer has accepted, or is deemed to have accepted, the Offer;
    2. the Good or the Goods in respect of which the Offer has been accepted or deemed to have been accepted have been refined into Refined Metal; and
    3. TheGoldCompany has paid the Quoted Price to the Customer for that Refined Metal, the Customer has and will retain all title and ownership in those Goods and/or that Refined Metal.
  14. TheGoldCompany reserves the right, subject to prior notification to, and consent being obtained from, the Customer, either verbally and/or in writing, to record by any audio and/or visual or other electronic means, any and every telephone conversation that occurs between TheGoldCompany and that Customer, and to retain possession of, and to use in a manner consistent with the Customer’s rights to privacy, any recording of each such telephone conversation.
  15. The provisions of the agreement constituted by this Form “A” and by any acceptance or deemed acceptance of an Offer will be governed by the laws of New South Wales and the courts of that State will have exclusive jurisdiction to resolve any dispute arising between the parties to that agreement.