What are the Terms and Conditions for GoldCore USA LLC?
Terms and Conditions
These terms and conditions govern the terms upon which we, GoldCore USA LLC, having our principal office at 200 Spectrum Center Drive, Suite 300, Irvine, CA 92618 (hereinafter referred to as “we” or “GoldCore USA”) shall supply you, the customer (hereinafter referred to as “you” or the “Customer”) with services in relation to the storage by you of precious metals, and any other services, including the purchase and sale of precious metals, for which you may contract with GoldCore’s affiliated companies to whom you are introduced by GoldCore USA (the “Services”). Such affiliated companies include, but are not limited to, GoldCore Ltd., based in Dublin, Ireland.
1. Interpretation
1.1 The following definitions and rules of interpretation apply in these Terms and Conditions:
“Business Hours” means 01:00 to 17.00 (Pacific Time) during a Working Day;
“Client Account” means the current account as defined in Condition 10;
“Conditions” means the terms and conditions herein contained;
“Contract” means, as the case requires, any and each contract that exists between GoldCore USA or one of its affiliates and the Customer in relation to the provision of any of the Services, and for the avoidance of doubt each transaction concluded with a Customer shall be regarded as giving rise to a separate Contract governed by the Terms and Conditions then in force in accordance with Condition 3;
“Customer” means any person, entity, fund or corporation who is or becomes a customer of GoldCore USA in accordance with Condition 3 below;
“Daily Product Limit” means the maximum value of metals which can in aggregate be purchased online in any one day from GoldCore Ltd. and which value shall be determined by GoldCore Ltd. having regard to market conditions then prevailing; This daily product limit will be made available to a Customer upon request;
“GoldCore Ltd.” is a corporation registered in Ireland and affiliated with GoldCore USA LLC which handles all aspects of the purchase and sale of metals for Customers;
“GoldCore USA Chain of Integrity Standard” describes the location of any and all precious metal bought or sold, that said metal holdings must always remain within the custody of GoldCore USA or a subcontractor of GoldCore USA or a depository approved by GoldCore USA and where relevant, transported by a transport party approved by GoldCore USA (an “Integrity Party”), such that the said metal has never been transported to or by or held by any party other than an Integrity Party between the time at which it was sold by GoldCore USA and the time it is purchased by GoldCore USA;
“GoldCore Ltd. Trading Opportunity” means a point in time at which GoldCore Ltd. can enter a proprietary trade with a third party that allows the offsetting of market risk, which unless GoldCore USA determines otherwise shall be a time during Business Hours;
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights and trade dress or get-up, rights in goodwill or to serve the passing of, unfair competition rights, rights and designs, rights on computer software, database right, typography rights, moral rights, rights on confidential information (including no hand trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all obligation for renewals or extensions of such rights and all similar equivalent rights or forms of protection in any part of the World;
“Physical Bullion” shall mean bullion bars and coins including numismatic coins.
“Spot Metal Price” means the live market price per one troy ounce, or other denomination if stated, of the underlying metal, for immediate delivery as displayed by GoldCore USA via its website www.GoldCore.com;
“Storage Provider” means a storage provider satisfying the requirements specified in Condition 18, and with whom GoldCore USA subcontracts to provide storage services;
“Unit Price” means the price per one troy ounce, or another denomination if stated, of the underlying metal at which GoldCore Ltd. will buy or sell such metal, which Unit Price shall be confirmed either in writing, on screen or verbally to Customers before any Contract for sale or purchase is completed;
“Website” means the website currently maintained by GoldCore USA at www.GoldCore.com or such other website as GoldCore USA may from time to time maintain, including but not limited to Goldcore.com or goldcore.ie;
“Working Days” means a day (other than a Saturday, Sunday or public holiday) on which clearing banks are generally open for business in the USA.
1.2 References to statutory provisions in these Conditions shall unless otherwise stated be references to statutes enacted in the USA and shall be construed as references to those provisions as respectively amended or re-enacted (whether before or after the date hereof) from time to time and shall include any provisions of which they are re-enactments (whether with or without modification) and shall also include any subordinate legislation made from time to time under those provisions.
2. Application of Conditions
The Conditions shall:
(i) apply to and be incorporated into the Contract; and
(ii) Prevail over any inconsistent terms and conditions contained or referred to in your purchase order, confirmation of order, acceptance of quotation, or specification or other document supplied by you or implied by trade, custom, practice or course of dealings.
3. Deemed Acceptance and Prevailing versions
3.1 You shall become a Customer of GoldCore USA by doing any or all of the following:
(i) registering for an account either by providing the required documentation; or
(ii) placing an order or transferring the funds required to make a purchase of precious metals.
3.2 As of 15-April 2021 (the “Effective Date”) these are the Conditions for new Customers. In respect of existing Customers, these Conditions shall govern the business relationship with GoldCore USA in respect of any Contract entered into between the Customer and GoldCore USA on or after the date falling on the earlier of:
(i) the date on which these Conditions are deemed received by you in accordance with Condition 9; and
(ii) the date falling 30 days after the Effective Date.
3.3 We may from time to time modify the Conditions. Conditions as modified shall take effect as regards new Customers, on the date on which such persons become a Customer of GoldCore USA and as regards existing Customers, on or after the date (the “Relevant Date”) falling on the earlier of:
(i) the date on which the modified Conditions are deemed received by the Customer in accordance with Condition 9; and
(ii) the date falling 30 days after the date stated as the Effective Date in the modified Conditions;
in respect of any Contract entered into between the Customer and GoldCore USA on or after the Relevant Date. Customers expressly understand and agree that any transaction between Customer and GoldCore USA, GoldCore Ltd. or any affiliate thereof which occurs subsequent to the Relevant Date shall be governed by the Conditions then in effect, and not the Conditions which may have been in effect prior to the relevant Date.
4. The purpose of our business relationship
You have chosen to become a Customer in order to benefit from GoldCore affiliates’ terms for trading in precious metals. This service is provided as execution only. We do not give guidance on price performance. Any opinion or information given by GoldCore USA concerning any market dynamic including, but not limited to price, possible investment performance or trading conditions whether posted on the Website or otherwise disclosed to a Customer shall not be construed as advice in any respect and the Customer’s attention is specifically drawn to Condition 5 .
5. Investment Disclaimer
Precious metals markets are volatile and the value of precious metals may go down as well as up.
Accordingly, investments in precious metals involve a degree of risk which may make them unsuitable for certain individuals. You should carefully consider the suitability of an investment in precious metals as a personal investment and if needs be should consider seeking independent professional advice before proceeding.
IMPORTANT NOTE: THE PRECIOUS METAL BULLION MARKETS, WORLDWIDE, ARE UNREGULATED. THERE IS NO GUARANTEE, EXPLICIT OR IMPLIED, OF THE FUTURE VALUE OF ANY OF THE PRECIOUS METAL PRODUCTS THAT WE SELL.
6. Identifying yourself
All Customers are required to comply with the U.S. Bank Secrecy Act. Pursuant to this Act, we are obliged to carry out sufficient checks to verify the identity of our customers. In this regard, before accepting orders, we will require certain identification. Please review Schedule 1.0 Identification of Customers.
GoldCore USA reserves the right to request additional identity verification information if it believes it necessary or appropriate to do so in order to comply with its obligations under the Bank Secrecy Act.
You undertake to identify yourself according to the identity verification procedures required by GoldCore USA. You authorize GoldCore USA to make such enquiries as it may feel necessary to satisfy itself about the validity of your identity.
You accept that your failure to identify yourself promptly and correctly may negate some of the protections you seek from GoldCore USA. You hereby indemnify and keep indemnified GoldCore USA against losses which arise out of your failure to identify yourself promptly and correctly.
7. Data about you
7.1 To provide the service GoldCore USA needs to record and process information about you and you permit GoldCore USA to do so, in accordance with GoldCore USA’s Privacy Policy, which is set forth at https://www.goldcore.com/knowledge/faq/goldcore-privacy-statement. GoldCore USA does not disclose data about you to third parties except as provided in the Privacy Policy, including but not limited:
(i) in the ordinary administrative course of verifying identity and sources of bank funding and completing your GoldCore USA transaction(s) with GoldCore affiliated company GoldCore Ltd. or any other related or affiliated company which GoldCore USA engages with for the purposes of fulfilling a Customer request ; and/or
(ii) where you specifically request us to use your data for the purposes of supplying other services;
(ii) where required by law.
7.2 GoldCore USA provides services other than the Services. We may from time to time send you details of such additional services. However, your data will not be given to or used by employees providing such additional services unless you specifically request or instruct GoldCore USA to do so. If you do not wish to receive unsolicited information in relation to additional services offered by GoldCore USA, please indicate this by emailing GoldCore at support@goldcore.com or by telephoning GoldCore at 1(888) 381 8130
7.3 Save as provided above and in the Privacy Policy, we do not share customer details or details of customer purchases with any non-affiliated third party nor do we currently have any general reporting requirements to any non-affiliated third parties including governmental agencies.
8. Contact details
GoldCore USA will maintain the following contact details for you:
an email address;
a mobile telephone;
a home telephone; and
a home address.
You accept a duty to keep your contact details held by GoldCore USA up to date and accurate, which you can do via the website or by contacting our office. GoldCore USA is entitled to rely on the accuracy of the contact details supplied.
You agree to notify GoldCore USA within 30 days of any changes to your contact details.
You accept that your failure to maintain your contact details correctly may negate some of the protections you seek from GoldCore USA or its affiliated companies. You hereby indemnify and hold harmless GoldCore USA and its affiliated companies against losses which arise out of your failure to maintain your contact details correctly.
9. Communication between us
9.1 Your primary means of communication with GoldCore USA will be via email / telephone or in person. You may also submit questions and access responses and general information and carry out certain transactions using the client query tool located on the Website.
9.2 Email
GoldCore USA will, from time to time, send off-line information to you by email including , but not limited to, acknowledgements of changes to your key account settings, order confirmations, execution advices, contracts and changes to these Conditions. The GoldCore USA system records all outward email transmissions.
It is your responsibility to ensure that any nuisance email filters in use by you or your email service providers are not configured to block email from GoldCore USA.
You understand and accept that GoldCore USA or any affiliated company shall be deemed to have been duly given or transmitted an email to you when it places onto the public part of the Internet an email correctly addressed to your email contact address as notified to GoldCore USA.
You understand and accept that email is not encrypted and that it operates with a similar degree of privacy as physical post, in that a network engineer, has the ability to see email and attachments if he chooses to open your mail. You accept and understand that easily comprehended open format feedback to a known and used address is appropriate for reporting your completed business to you, off-line, and after the event.
9.3 Mail
GoldCore USA or its affiliated companies may send information to you by post to your address as notified to GoldCore USA. Any information so posted shall be deemed to have been served or given 48 hours after posting and proof that an envelope containing such information was properly addressed prepaid and posted will be sufficient evidence that the information has been duly served or given.
9.4 Telephone; Established Business Relationship; Consent to Recording of Telephone Calls
GoldCore USA or its affiliated companies may contact you by telephone on the telephone numbers advised to us for the purposes of confirming any orders for any Services and in particular to confirm the applicable Unit Price prior to concluding a sale or purchase of precious metals with you or on your behalf. You consent to such calls notwithstanding any “Do-Not-Call” registration based upon your established business relationship with GoldCore USA and its affiliates. Calls may be recorded without the use of any warning, in order to assist with our monitoring and compliance procedures, and to avoid misunderstandings, and Customer expressly consents to such recordings on Customer’s home, office, mobile phone, or other telephone lines. Such records will be our property and will be accepted by you as evidence of your orders or instructions. We may use the recordings and /or transcripts for any purpose which we deem desirable, consistent with our Privacy Policy and applicable laws, and the recording of any such telephone calls shall be admissible as proof of the matters discussed therein.
9.5 Website Usage
Access to and use of the Website for information purposes and to avail of any Services shall be subject to all usage terms and conditions, policies and procedures specified from time to time on the Website. When you register on the Website, you will be asked to provide a username and password which may be changed by you from time to time. You shall be responsible for protecting the confidentiality of your username and password. You shall notify GoldCore USA immediately should you suspect or become aware that your username or password has become known or available to any unauthorized person. GoldCore USA and/or its affiliated companies shall have no liability or responsibility to you for acting on instructions purporting to be given by you via the website (whether or not you in fact gave such instructions) where your username and password have been correctly inputted in connection with such instructions. In accessing the Website and availing of any of the Services or information available on or via the Website, you accept and are deemed to accept that electronic mail messaging and internet communication may not be free from interference by third parties and may not remain confidential. The use of the Website is at your sole risk.
10. Client Accounts
You acknowledge and agree that any payments, pre-payments or payment on account (collectively “Payments”) made by you to GoldCore shall be lodged in a segregated client account known as GoldCore Client Funds Accounts maintained by us at our banks for the express purpose of pooling un-invested Customer monies (the “Client Account”). In the event of our bank paying interest to Goldcore for the sums held, there shall be no requirement for Goldcore to pass on such payment. GoldCore shall maintain separate client accounts for each Customer in respect of monies held in the said pooled bank accounts.
Goldcore shall be entitled to pass on any bank charges or costs to you including any charge or interest applied by the bank by reason of the funds being held by them.
GoldCore may withdraw monies held to the credit of the Client Account on behalf of a Customer for the following purposes:
(i) to pay for purchases of precious metals and/or any of the other Services ordered by the Customer;
(ii) to transfer monies to the GoldCore Perth Mint Client Funds Account to be held on behalf of such customer for satisfying payments to the Perth Mint;
(iii) to transfer monies belonging to the Customer to that Customer;
(iv) to pay GoldCore in respect of any fees, charges and commissions earned according to a Contract and these Conditions.
11. Acceptable ways of making pre-payments
GoldCore USA shall not be obliged to accept any orders for transactions, pre-payments or monies on account sufficient to cover the value of the transaction must be received in cleared funds in our Client Account. Pre-payments may be made by electronic transfer, debit card, bank draft or cheque made payable to GoldCore USA Client Fund Account. Checks and bank drafts received by us will be lodged to the Client Account by the next Working Day and we will not be obliged to accept or process any orders until such time as they have cleared for use. If making pre-payments by debit card or electronic transfer, you understand that your bank will be expected to identify standard banking data on each incoming payment to the Client Account, including:
(i) your bank name;
(ii) your branch identifying code;
(iii) your account name;
(iv) your bank account number; and
(v) your GoldCore USA user name or quotation reference number (as the payment reference).
GoldCore Ltd. retains the right at its absolute discretion to accept an order without receipt of cleared funds. In such circumstances GoldCore USA will retain the right not to make delivery of the ordered metals until cleared funds have been received. In the event that funds do not clear, GoldCore Ltd. shall retain the right to seek full payment from the Customer for the order or cancel the order. In the event that the order is cancelled on such basis, the Customer shall be fully liable to pay any and all losses and or administration expenses relating to said order.
You accept that a failure by your bank to identify the source of your money may delay the Client Account being credited or the funds in the Client Account being allocated and credited to your client account with GoldCore USA. In such circumstances, GoldCore USA may place your money in a suspense account until such time as the correct remittance details are established to GoldCore USA’s satisfaction.
You accept that where you have provided us with necessary details independently of the actual bank transfer on which your money was received, GoldCore USA is entitled to suspend your right to immediate withdrawal for a period not exceeding six weeks.
12. Unacceptable ways of making pre-payments
You understand that you may not merge funds belonging to different parties within a single GoldCore account. You understand that where deposits from differently owned sources merge, or appear to merge, GoldCore is entitled to return the funds to the source having deducted a reasonable processing fee, and or to make whatever disclosures or reports to Government agencies that GoldCore deems appropriate in GoldCore’s sole discretion.
You represent, confirm and warrant that you are the legal and beneficial owner of any monies transferred or paid to the Client Account and no other person has any right or entitlement thereto.
We do not accept banknotes or coins for credit to the GoldCore Client Account.
12.4 GoldCore Ltd. reserves the right to hold final delivery of any metals purchased by the Customer until a time that all outstanding balances owed by the Customer to GoldCore Ltd. or any affiliated company have been dispatched and settled.
12.5 The Customer unequivocally states and guarantees that any and all monies or assets used to make purchases and any and all proceeds or derived benefits from or as a result of any transaction entered into through GoldCore USA. or any affiliated company shall be compliant with US Law, including but not limited to any laws or regulations governing money laundering, tax evasion or the financing of terrorist activities.
13. Prices and Quotations; Sales and Use Tax; VAT
Unless stated otherwise all Unit Price quotations given by GoldCore Ltd. for the purchase and sale of bullion are indicative only and subject to movement in accordance with the Metal Price of the precious metal concerned.
Where quotations will hold good for a specified period, this will be stated. However, in the event of a sudden or material change in the underlying Spot Metal Price between the time such quotation is given and the order is placed, we reserve the right to withdraw the quotation. In such circumstances a new Unit Price will be quoted, prior to accepting a Customer’s order for a trade.
Customer agrees that GoldCore Ltd. may add to its quoted price any applicable sales or use tax (Value Added Tax or “VAT) following completion of Customer’s order, and that Customer shall be responsible for payment of same. Quotations will include provision for any VAT that applies and for which GoldCore Ltd. is required to account. In most cases, there should be no VAT chargeable as investment gold and currency is exempt from VAT. However, in certain cases, it may be that because of the nature of the product, or the Customer’s location, GoldCore Ltd. has an obligation to account for VAT, which it is not aware of at the time of giving the quotation. In such cases, GoldCore Ltd. reserves the right to revise its quoted price to include such VAT prior to accepting an order.
14. How your orders are processed
14.1 PURCHASES AND SALES:
Purchases of Coins and Physical Bullion
By telephone or email
Subject to the Customer having cleared funds in the Client Account sufficient to cover the cost of the transaction, GoldCore USA will seek verbal or written confirmation of the Customer’s wish to proceed to execute the order and once received will execute your coin or physical bullion order at the price quoted for the coins or the Unit Price (as the case may be) at the next GoldCore Ltd.’s Trading Opportunity.
Online Trading
Subject to the Customer having cleared funds in the Client Account sufficient to cover the cost of the transaction, a Customer may confirm a trade online via the Website during Business Hours, in respect of transactions having a value not exceeding the Daily Product Limit. The Unit Price will remain live for at least 10 seconds, after which time the Unit Price may update.
Online trades will be treated as offers to trade by the Customer subject to acceptance by GoldCore Ltd. Confirmation of acceptance shall be given by email or a confirmation letter within 24 hours of placement. A Customer’s order will not be deemed completed or confirmed until an acceptance of the order has been sent by GoldCore Ltd. to the Customer.
Certain orders of a product type or valuation may be referred to the trading desk for confirmation.
Sales of Physical Bullion (including investment grade coins and numismatic coins)
If you wish to sell physical bullion to GoldCore Ltd., please contact our offices. GoldCore Ltd. will indicate whether it is interested in principle in purchasing such physical bullion subject to quality and agreed price. In such circumstances, GoldCore Ltd. will arrange on behalf of the Customer, at the Customer’s cost and risk, for the physical bullion to be collected and shipped to a GoldCore Ltd. approved depository for assay and / or authentication purposes unless said bullion has remained within the GoldCore Ltd. Chain of Integrity. Subject to such assay and / or authentication being acceptable to GoldCore Ltd. (at its absolute discretion), GoldCore Ltd. shall make the Customer an offer to purchase the physical bullion. A Customer may accept such offer by telephone or by email or online for at least 20 seconds after such offer is made, after which it shall be deemed withdrawn. In addition during such period, GoldCore Ltd. reserves the right to withdraw such offer in the event that there is a market movement in the price of the underlying asset which in the sole opinion of GoldCore Ltd. is significant, either in percentage terms or having regard to the size of the trade. The Contract in respect of such purchase shall be formed as of and on the date on which the Customer accepts an offer which has not been withdrawn in accordance with this condition, provided that if the Customer purports to accept an offer (the “Original Offer”) which has been deemed withdrawn, such acceptance shall constitute a new offer by the Customer to sell on the terms contained in the Original Offer which may be accepted by GoldCore Ltd. issuing a confirmation of purchase in writing or by telephone, in which case the Contract shall be formed as of and on the date on which GoldCore Ltd. issues such confirmation (the “Contract Date”).
The Customer can expect to receive the proceeds of sale within ten Working Days of the Contract Date.
FROM TIME TO TIME PAYMENTS MAY BE DELAYED DUE TO PUBLIC HOLIDAYS, INTERMEDIARY SYSTEM OUTAGES, LOST POST, FORCE MAJEURE.
If you do not accept our offer to purchase, GoldCore Ltd. shall arrange on behalf of the Customer and at the Customer’s cost and risk to ship the coins back to the address from which they were collected. The cost of shipping to and from the depository and the assay and / or authentication costs of the depository shall in such circumstances be paid by the Customer. The risk in the coins from the time at which they are picked up and shipped to the depository, held at the depository and until sale to GoldCore Ltd. or delivered back to the original location shall remain with the Customer and GoldCore Ltd. shall not have any responsibility for any loss or damage to the goods unless same arises directly as a result of the wilful misconduct or gross negligence of GoldCore Ltd.
UNDER NO CIRCUMSTANCES WILL WE ACCEPT PHYSICAL BULLION DELIVERIES AT ANY OF OUR OFFICES.
15. GoldSaver Account
15.1 Description
The GoldSaver account allows investors to allocate a fixed monthly investment sum for the purpose of purchasing gold bullion.
15.2 Availability
This programme in direct debit will only be available to residents of the Republic of Ireland. All other countries can participate via a standing order format or another format offered by the Customer’s bank where the account owner sends money once per month.
15.3 Term
Initial contract term will be for a minimum of 12 months consisting of 12 equal monthly payments. The monthly investment sum will be nominated prior to the initiation of the contract by the investor. The monthly investment sum will be not less than €100 / £100 / US$100.
15.4 Charges and payment of fees. See Fee Schedule located here.
15.5 Operation
The programme will deduct an agreed investment sum each month from your nominated bank account via a direct debit mandate or received from you. The monthly investment sum will be processed no later then the 5th day of the month. The investment will be made on a date selected by GoldCore Ltd. which falls on either the 6th or the 8th of the month (the GoldSaver Trade Date). The order will be placed at the LBMA Gold price in USD, as defined by the London Bullion Market Association. Your order will be processed and confirmed to you no later than 48 hours after the trade has taken place. You will be notified of the number of ounces that you have purchased. Ounces will be rounded down to three decimal places.
15.6 Valuations and reporting
Within 48 hours of any GoldSaver trade we will notify you via email that a trade has been made. You must login in to your online account in order to view the actual trade details.
15.7 Cancellation
You may cancel the contract at any time by giving two months written notice. If the contract is cancelled before the initial contract term is complete you will incur an early termination charge of 10% of the investment sum or a fixed penalty charge of €100 / £100 / US$100, whichever is the greater. GoldCore Ltd. offer all clients a “cooling off period”. As such you may cancel your account within 15 days of account opening date. If you have transacted within that period of time, early cancelation charges may apply.
15.8 Conversion options
You may convert any GoldSaver gold bullion balance to a deliverable formatted product once the total ounces held in your account is not less than 10 troy ounces. In the event that your balance is less than 10 troy ounces you may only opt for cash value settlement. The value of the cash settlement will be based upon the USD LBMA Gold price on the day of the next GoldSaver Trade Date. Settlement proceeds will be remitted to the nominated bank account. In the event that a conversion to a different format, such as gold bullion coins, is chosen any and all costs associated with a purchase of said bullion formatted product will be paid by the Customer.
16. Delivery
16.1 Save as provided below, all physical bullion will be delivered to the Customer’s home or business address, or authorised depository (as specified by the Customer) within 28 days of the sale. Delivery shall take place when the goods are made available at the address specified by the Customer.
16.2 For rare or unusual coins or where there are known shortages in the market, delivery may take longer than 30 days and in such circumstances, the Customer’s express agreement to a longer delivery time will be sought in respect of the relevant Contract.
16.3 It shall be the Customer’s responsibility to ensure that the Customer or a trustworthy person authorised by the Customer to receive the goods (an “Authorized Person”) is available at such specified address to take delivery and GoldCore Ltd. and its carriers, shippers and agents shall be entitled to assume that any person taking delivery of the goods at the address specified by the Customer is an Authorized Person.
16.4 The Customer or Authorized Person must sign for receipt of the goods and such act, without reservation, shall amount to prima facie evidence that the goods have been received in good condition. If at the time of delivery the Customer or Authorized Person contends that the packaging has been opened or damaged or that seals have been broken or removed or that unpacked items are damaged, then the Customer or Authorized Person must record any such irregularities on the receipt from the carrier and notify GoldCore Ltd. immediately. If the Customer or Authorized Person refuses or is unavailable to take delivery of the goods or if the goods cannot be handed over for any reason not due to the negligence of the GoldCore Ltd. or its carriers, then GoldCore Ltd. may arrange for the goods to be placed in storage. All costs of this will be borne by the Customer and GoldCore Ltd. shall assume no liability whatsoever (whether for negligence, loss, non-delivery, mis-delivery, theft or otherwise) to the Customer in such circumstances except if there has been wilful misconduct by GoldCore Ltd. in the storage arrangements.
16.5 Risk in the goods shall pass to the Customer on delivery.
17. No Right of Cancellation
As the price for the supply of precious metals is dependent on price movements in the financial market, which GoldCore Ltd. cannot control, you do not have any right of cancellation in respect of orders placed and Contracts formed for the purchase of precious metals. However, where practicable, GoldCore USA. will use reasonable endeavours to assist Customers to cancel orders, where such cancellation is sought prior to GoldCore USA. fulfilling the order by purchasing bullion for resale to the Customer on the financial markets. Customers who wish to cancel any order for the purchase of bullion should contact GoldCore USA. immediately by telephone to see whether it is possible for such orders to be cancelled.
18. Storage Services
18.1 GoldCore USA will arrange storage of Customer’s precious metals, bullion or coins (hereinafter referred to as metals) through a separate company, which may be GoldCore Storage Ltd. or another Storage Provider, subject to Schedule 2.0: Storage Policy and Procedures. GoldCore USA shall retain responsibility to you for record keeping and administration but shall sub-contract the physical storage of metals and coins to a custodian or other Storage Provider. Note: Storage for non-US customers contacting GoldCore through this Website or otherwise through GoldCore USA’s office shall have their storage managed either by GoldCore USA or by GoldCore Ltd.
18.2 GoldCore Ltd. or other Storage Provider will be deemed to take delivery of metals for the purposes of providing storage services at the following times and locations:
where a Customer requests at the time of purchase of metals from GoldCore Ltd. that GoldCore USA will following such purchase, contract for storage such metals and GoldCore USA has accepted such request, at the time on which such Contract for purchase is concluded and at the location of the metals at the time such Contract is concluded;
in all other circumstances, GoldCore USA shall take delivery of metals for storage at the location of the Storage Provider on the date on which the metals are accepted by the Storage Provider for storage.
18.3 At Customer’s written request, GoldCore USA or other Storage Provider will ship stored metals within seven (7) Working Days of Customer’s request for delivery and payment of shipping charges and administrative charges as outlined in the schedule. This delivery period may be extended due to circumstances beyond GoldCore USA’s control – such as delays due to the depository or shipper.
18.4 Storage fees
Storage fees shall be charged to Customer by GoldCore USA in accordance with the Schedule of Charges, available here.
18.5 GoldCore USA Security Interest in Metals
GoldCore USA shall have all the rights of a secured creditor under the California Commercial Code on all metals it possesses or controls in respect of unpaid storage fees whether or not relating those fees relate to the specific metals over which such rights are being exercised. Notwithstanding the generality of the foregoing, GoldCore USA shall have the right and shall be authorized to sell the metals or any part thereof in accordance with the California Commercial Code if payment in full is not received from Customer after a period of fourteen (14) Working Days has elapsed from Customer’s receipt of written notice as to GoldCore USA’s exercise of its rights. Customer waives any further notice of sale. GoldCore USA will apply the sale proceeds in accordance with the California Commercial Code. Customer agrees that California law shall apply to this provision notwithstanding that the metals might be stored outside California.
18.6 Limitation of Liability
THE CUSTOMER’S ATTENTION IS SPECIFICALLY DRAWN TO THIS CONDITION. GoldCore USA shall exercise due skill, diligence and care in the selection and appointment of any Storage Provider and shall ensure that the Storage Provider is a reputable storage provider with appropriate expertise in the business of managing the receipt, storage and re-delivery of precious metals according to best industry practice. GoldCore USA shall not otherwise be liable for the acts of the Storage Provider unless the selection of such Storage Provider was made negligently or in bad faith. The Storage Provider’s liability to GoldCore USA in respect of storage services may be limited under its terms and conditions and a copy of such terms and conditions will be given to a Customer on request.
GoldCore USA undertakes to ensure that your precious metals are insured against theft or damage according to accepted industry standards. The Customer acknowledges that such insurance will be subject to exclusions in line with insurance industry practice. Save as aforesaid, all metals are stored or otherwise dealt with at the sole risk and peril of the Customer.
18.7 Ownership
All precious metals and coins stored by GoldCore USA are held on bailment for the Customer and shall remain the absolute property of the Customer whilst in storage, subject to GoldCore USA’s right as a secured creditor as described in Section 18.5 above.
18.8 Unallocated Gold and Silver (metal) Accounts.
GoldCore specialises in the provision of fully segregated and allocated metal accounts where clients store metal in secure non-bank vaults. Metal stored in a segregated manner, means one client’s metal is never commingled with the metal of another client in any way. This is the safest known method of precious metal ownership and custody anywhere in the world. GoldCore are experts and leaders in its provision of this type of custody. In recent years GoldCore has come to see limitations in the availability of particular metal formats, for example one ounce silver coins. In response to these shortages, and to provide clients who are less concerned about particular formats and the nature of their storage, we have opened up our GoldCore Unallocated Metal Accounts. A GoldCore Unallocated Metal Account provides a lower cost of purchase and a lower cost of ownership. Many clients may use these accounts to gain exposure to a metal’s price while waiting for the availability of preferred metal formats to become available, or they may wish to stay in the program knowing that the metal underpinning their exposure is real, physical and held in the safest vaults and locations in the world.
GoldCore Unallocated Metal Accounts allows clients to take an interest, at a low relative cost and with great ease, in a share of gold and silver that is physically stored by GoldCore or on order from suppliers such as mints and refineries. All metal is produced by London Bullion Market Association Approved Mints and refineries. The purpose of the pool is to provide low-cost access to generic metal and not specific bars and coins, as such the pool ownership is nondescript and general in nature but is a claim on physical ounces as held and constituted by the assets of the pool.
We treat the entire pool as a large client account and all its assets are fully segregated as they would be for all client accounts. Because we specialise in the actual separation of client metal physically and within our systems and the system of our vaulting partners, we never allow assets of the pool to be commingled with assets of any other entity.
Buying GoldCore Unallocated Metal.
Subsequent to accepting a client purchase GoldCore will settle the client’s order by placing the required ounces of physical metal to settle the trade within the pool. The client will have risk to GoldCore while settlement takes place, as it would with any trade with any counterparty. GoldCore will seek to transfer metal in the pool from its own interest to the clients and in doing so settle the clients’ trade. Metal is introduced to the pool by GoldCore via purchases in the open market and settled under normal market procedures.The client hereby acknowledges that no one client has a claim on any specific traded stock of Metal, however, they have a claim on a weight of the said Metal which is represented and backed by the stock held.
Selling GoldCore Unallocated Metal.
GoldCore allows clients to sell metal from its website by logging into the GoldCore client portal. Once a sale order is received GoldCore will confirm the purchase. GoldCore then transfers the clients share of the metal account to its own account and releases the value to the clients trading account, which is then typically transferred to the client’s bank account within one to five trading days. Trades are confirmed within minutes of receipt, payment will on average occur within 3 days.
The risks that clients should know about when buying Unallocated Gold and Silver
Upon settlement all client allocated metal used to underpin the unallocated account is as follows:
- Stored in a secure vault, outside of the financial banking system. We use the safest known vaults run by the most professional and dedicated vault operators we know.
- Segregated from all other GoldCore Secure Storage client accounts physically. This means that vault assets are never mixed up with other client accounts. This alone distinguishes our unallocated accounts from almost all others that we know.
- Allocated in actual bars and coins sourced from LBMA approved refineries. Every single ounce is sourced from the most trusted sources and where necessary tested vigorously.
- No derivative holdings at all. Unallocated metal is fully backed by real physical metal stocks.
- No future contract holdings. Unallocated metal is never presented as a derivative contract or some such. It is underpinned by real physical assets.
- No leasing of metal at all. We never lease or lend metal to any counterparty; we never borrow either. All metal is held in an unencumbered manner and physically and directly by GoldCore.
- Fully insured. GoldCore client assets are held in fully insured facilities for all standard risks. Some risks are exempted, such as acts of god, cyber, nuclear, and civil unrest. The same insurance policy that underpins GoldCore’s own stocks of metal are in effect for clients’ metal.
- GoldCore when sourcing metal from known and trusted suppliers may experience credit risk and a failure of a counterparty to make good delivery. GoldCore goes to great lengths to minimise such risks by employing a counterparty risk management policy which sets strict risk exposure limits. GoldCore only works with the most trusted parties, with strong balance sheets and a long history or prudent management. GoldCore always continuously monitors counterparties to ensure that risks are within acceptable thresholds. In the event of a counterparty failing in its duties a client of the unallocated account may be exposed to risks and loss of capital, as may GoldCore.
What are the rights of Owners of GoldCore Unallocated Metal holdings?
There is no right to take physical delivery of metal without first selling a holding and then using proceeds to select a purchase of another physical asset that is available for delivery or storage. GoldCore has a large selection of assets ready for shipping and storage as per our client portal website.
Clients can sell a holding and purchase an asset for storage under GoldCore Secure storage programme. All assets stored in our secure storage programme are segregated and allocated and available for transfer and or shipment or sale.
What are the fees when buying and selling GoldCore Unallocated Metal?
All fees are stated on the product pages of the client portal. They are subject to change.
19. Intellectual Property Rights
All Intellectual Property Rights used or embodied by GoldCore USA in or on its website, or in its documentation or in or concerned with the sale of precious metals or supply of services herein contained are and shall remain the sole property of GoldCore USA.
20. Force Majeure
GoldCore USA and its affiliated companies shall have no liability to a Customer under these Conditions or under any Contract if it is prevented from, or delayed in performing, its obligations under the said Contract or these Conditions, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including (but without limitation) strikes, lock-outs or other industrial dispute (whether involving the workforce of GoldCore USA, an affiliated company, or any other party) or failure of a utility service or transport network, system failures, intermediary system outages, postal failure or losses (either of GoldCore USA, an affiliated company, or of any other party), act of God, war, riot, civil commotion, malicious damage, public health emergency, compliance with any law of Governmental order, rule, regulation or direction, accident, breakdown of equipment, plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
21. Limitation of Liability
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION. This Condition sets out the entire financial liability of GoldCore USA (including any liability for the acts or omissions of its affiliated companies, employees, agents, consultants and sub-contractors) to the Customer in respect of:
(a) any breach of a Contract;
(b) any failure to supply any service or fulfil any order hereunder;
(c) any representation, statement or tortuous act, or omission (including negligence) arising under or in connection with a Contract.
Nothing in these Conditions limits or excludes the liability of GoldCore USA:
(a) for death or personal injury resulting from negligence; or
(b) for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by GoldCore USA;
(c) for any liability incurred by the Customer as a result of any breach by GoldCore USA of the warranty of title contained in the California Commercial Code.
All warranties, conditions and other terms implied by statute or common law and all non –contractual obligations, are to the fullest extent, permitted by law excluded from these Conditions and any Contract. Without limiting the scope of the foregoing, GOLDCORE USA AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Save as aforesaid, GoldCore USA and its affiliated companies shall under no circumstances be liable for loss of profits, loss of business, depletion of goodwill or other similar losses, or any other special, indirect consequential or pure economic loss, cost damages, charges or expenses or fall in the value of any precious metal or currency which arise out of, or in connection with, any Contract or these Conditions.
Without prejudice to any other provisions of this Agreement, GoldCore USA and its affiliated companies’ total liability in contract, tort (including negligence or breach of statutory issue), misrepresentation, restitution or otherwise arising or in connection with the performance of any contract or contemplated performances of any contract and/or these Conditions shall be limited to the value of the Customer’s precious metal from time to time deposited with or by GoldCore USA or its affiliated companies together with the value of any cash balance held to the credit of the Client Account on behalf of such Customer.
22. Complaints Resolution
22.1 If you have any complaints in relation to the service being provided by GoldCore USA or its affiliated companies, you should contact this office immediately. In particular, if you dispute, disagree with or have any issue with the content of any communication sent to you by email or by post in accordance with Condition 9 you must contact GoldCore USA immediately. GoldCore USA shall be entitled to assume your acceptance of the content of an email or postal communication if within three calendar days of the date of transmission to the correct email address or the date of service of such postal communication (as the case may be), no response from you has been received by GoldCore USA.
22.2 GoldCore USA shall use all reasonable endeavours to resolve any issues communicated to it by you, but you acknowledge that any delay in communicating such dispute, disagreement or issue may prevent or reduce the value of any resolution of such matter.
23. Your Status
By placing an order with us in respect of any of the Services and entering into a Contract in respect of any of the Services, you warrant, undertake and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are and shall comply with the laws of the territory from which you make any order or access the GoldCore USA website (including without limitation the laws of Ireland);
(d) you shall at all times be solely responsible for obtaining any authorisation required by any authoritative body in the territory in which you are based.
We reserve the right at our discretion to refuse orders from any person whom we believe may be prevented under the laws of any jurisdiction from transacting for the Services or whom we believe that GoldCore USA and its affiliated companies may not supply under the law of that jurisdiction, whether or not such law or impediment actually exists or might be enforceable or otherwise have extra-territorial effect.
24. Governing Law; Dispute Resolution; Mandatory Arbitration; No Class Actions; Waiver of Jury Trial
These Conditions (including all schedules and appendices hereto) and any Contract between GoldCore USA, GoldCore Ltd., or any affiliate on the one hand, and a Customer on the other hand, and any dispute or claim arising out of or in connection with it or its subject matter or information (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of California (without reference to choice of law rules). The parties agree that any and all disputes, claims or other proceedings arising in any way from Contracts as defined herein or from transactions between the parties, at any time, shall be submitted to binding arbitration under the commercial arbitration rules of the American Arbitration Association, and that THE PARTIES WAIVE, TO THE EXTENT ALLOWED BY LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO SUCH DISPUTES, CLAIMS OR OTHER PROCEEDINGS. The parties further agree that any proceeding hereunder will be conducted solely on an individual basis. Customer will not seek to have any dispute heard as a class action, private attorney general action, or as any other type of proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Arbitration proceedings shall be confidential to the extent permitted by law. The prevailing party shall be entitled to an award of its attorney’s fees and costs for the arbitration. The award in any such arbitration may be confirmed in any court of competent jurisdiction.
Schedule 1.0 – Identification of Customer
(a) Personal Accounts
One item from List 1 and one item from List 2
Certification of documents can be carried out by a member of GoldCore USA staff, the Police, a chartered or certified public accountant, notaries public or practising solicitor or a manager with the Post Office or embassy or consulate staff. Due to new Anti Money Laundering legislation in Australia, Bank Managers may not approve Perth Mint identity documents.
(b) Company Accounts
Certified copy of the Memorandum and Articles of Association;
a list of the directors, with full names,
a list of any shareholders holding more than 10% of the share capital, stating names and addresses.
25. GoldCore USA General Fees and Charges
A Schedule of Charges can be found in Schedule 2.0
At GoldCore USA we are always seeking to improve our management of clients’ cash balances. Given the number of clients we have and continue to successfully service we are left with small amounts owing to clients and owed by clients. These balances can become troublesome to manage and account for over time. The following charges have been introduced to proactively manage these balances and ensure that our ledgers and clients assets are maintained as efficiently as possible.
25.1 Proceeds & Payments Processing Fees
GoldCore USA reserves the right to apply the following banking and administration fees to payment transactions.
Standard Bank Payment Fee $15 / €13 / £10
Urgent Bank Payments Fee $30 / €23 / £20
Cheque Processing Fee $15 / €13 / £10
Cheque Failure Fee $8 / €6 / £5
25.2 Late Payment Charge
GoldCore USA reserves the right to apply a late payment charge as tabled below on all negative accounts until such time as the outstanding balance has been settled.
Furthermore, GoldCore USA reserves the right where necessary to send outstanding amounts to a collection agent for processing.
Prior to entering the initial late payment charge cycle GoldCore USA will make a reasonable attempt, as determined by GoldCore USA, to notify clients of their outstanding balance and any late payment charges.
Late Payment Fee Table
Charge 5% per month
Accrued On a monthly basis
Chargeable On the first day of each calendar quarter
25.3 Dormant accounts
Where a client has not transacted (buying or selling metal, or being charged storage fees) with GoldCore USA for a period of one year, GoldCore USA will deem the account to be dormant.
Where a client’s dormant account has a positive cash balance, GoldCore USA reserves the right to apply an account management fee to the account as per the account management fee table.
Where a client’s dormant account has a negative cash balance, GoldCore USA reserves the right to apply a late payment fee to that account as per the late payment fee table.
Where a client’s dormant account has a zero cash balance neither the account management fee nor late payment charge will be applicable.
Where a client makes a genuine attempt to resolve their account balances, GoldCore USA reserves the right to waive any or all fees at its own discretion.
Account Management Fee Table
Charge $6.50/€5/£3.50 per month *
Accrued on a monthly basis
Chargeable On the first day of each calendar quarter
Prior to entering the account management fee cycle GoldCore USA will make a reasonable attempt to contact the client. After the initial communication from GoldCore USA the client will have 28 days to respond to GoldCore USA and furnish instructions to have any account balances remitted to them. Such remittances will, as with any payments, be subject to payment processing fees.
* Where the positive balance of a dormant account is less than the chargeable account management fee, the fee charged will be equal to the available cash balance on the account. As a result the account’s cash balance will become zero and no further management fees will be applied.
Schedule 2.0 – Storage Policy and Procedures
Receipt of metals
The contract for storage shall begin from the first date that a Customer’s metal is received at any of the storage facilities that are used by GoldCore USA. The contract for storage shall cease from the date that a Customer’s metal leaves any of the storage facilities used by GoldCore USA not bound for another storage facility used by GoldCore USA.
Unique Storage Account Numbers and Passwords:
GoldCore USA will obtain from the Storage Provider a unique storage account number for each Customer availing of storage services.
Transferring of metal positions:
Upon request GoldCore USA will arrange for the transfer or delivery of Customer’s metal by the Storage Provider. A signed transfer request form is required to be completed prior to any transfer or delivery being entertained. Upon verification of identity GoldCore USA will make the necessary arrangements and advise the Customer of the charges incurred. No transfer or delivery will be affected until all outstanding storage charges and delivery charges have been paid.
Charges and payment of fees
Annual Storage Charge will as be stated in the schedule of charges or as agreed in separately with the Customer. Fees will be charged in arrears. Fees will be calculated on the basis of the average daily stored ounces multiplied by the average daily gold price for the period as determined by the morning LBMA Gold price published by the LBMA multiplied by the daily storage rate.
Schedule of Charges
Please visit https://www.goldcore.com/knowledge/faq/fee-schedule for a full detailed list of fees and charges.
26. Subject Access Request Policy
GoldCore acknowledges its role and responsibilities as a data controller, including the duty to protect the personal information it manages. These responsibilities are defined under the General Data Protection Regulation (GDPR) as well as relevant Irish laws.
Individuals whose personal information is processed by GoldCore have the right to request and obtain confirmation on whether their data is being processed. In such cases, individuals are entitled to access their personal data and receive detailed information about:
1. The purpose behind the data processing.
2. The types of personal data being processed.
3. The entities or categories of entities to whom the data has been or will be disclosed.
4. Whenever possible, the expected period of data storage, or if not feasible, the criteria determining this duration.
5. The existence of rights to correct or delete personal data, limit its processing, or oppose such processing.
6. The right to file a complaint with the Data Protection Commissioner.
7. For data not collected directly from the individual, any available source information.
8. The presence of any automated decision-making processes, including profiling, applied to the data, with clarity on the logic involved, its importance, and its expected impact on the individual.
9. Details about the transfer of data to countries outside the EU, including the safeguards in place according to GDPR.
Request Submission
Subject access requests must be submitted in writing, including enough details to adequately identify the individual making the request, ensuring data is not disclosed to imposters. Once the request meets our criteria, we will begin the process of gathering the requested information. We aim to respond promptly, and if we cannot fulfill the request within one month, we will provide a progress update.
Communication with the Individual
Upon receiving a valid request, GoldCore will communicate directly with the individual to clarify the request and facilitate a swift response. Providing detailed information about the requested data can help narrow the search and expedite the process. If a comprehensive search is requested, we will conduct a thorough investigation to locate all relevant data.
Data Retrieval Process
Unless a request’s scope can be legitimately narrowed, we will search all relevant databases and manual filing systems as mandated by GDPR. A designated individual(s) will oversee the coordination of these searches across GoldCore.
Handling Manual Files
All pertinent manual files containing the individual’s data will be examined.
Post-Request Procedures
Following a valid request, GDPR compliance should not disrupt GoldCore’s regular operations. Data may be updated as part of standard business practices, provided these changes are not a direct result of the access request. This includes correcting inaccurate data.
Third-Party Considerations
Upon gathering the requested data, we will assess our duty towards other individuals’ privacy, confidentiality obligations, and any applicable GDPR exemptions. This may involve redacting third-party information or providing data excerpts.
Exemptions
Certain data, such as negotiation contents, legally privileged information, and ongoing investigation details, may be exempt from disclosure. Negotiation-related data is protected until negotiations conclude. Additionally, subject access does not extend to infringing on trade secrets or intellectual property, nor does it include disclosing test materials or scoring keys.
Health Data
When health information is involved, consulting a health professional may be necessary before disclosure to prevent harm or distress. This is waived if the individual is already aware of or has provided the information.
Compliance and Disputes
Failure to respond within the designated timeframe allows individuals to complain to the Data Protection Commissioner, potentially leading to an investigation. We are committed to handling requests efficiently and appreciate your cooperation in exercising your GDPR rights.
Response Format
Responses to subject access requests will be provided electronically unless otherwise requested. A complete copy of the response will be retained by GoldCore for reference and dispute resolution, kept for seven years.
Additional Requests
Requests made under the Freedom of Information Act for personal data will also be considered under the Data Protection Acts. Individuals can request data corrections at any time if they believe the information held is inaccurate.