Wholesale Coins Direct User Agreement
This User Agreement is effective on August 1, 2014, for all existing customers and all existing users of the website and will is effective for all customers and all new users of the website or otherwise.
Purchases, Sales and Orders:
You may make purchases, sell to and order from WCD only in accordance with our Order Terms and Conditions.
You are subject to the Disclaimers that have been made by WCD, which WCD encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement, the Order Terms and Conditions, and the other policies adopted by WCD.
In addition, you represent and warrant to WCD that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to WCD. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that WCD is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, which risks are beyond the control of WCD, and you expressly acknowledge that WCD is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals and diamonds. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or liquidate the purchased products at prices acceptable to you.
All investments involve risk – coins, bullion metals, and diamonds are no exception. The value of a bullion coin or bar, numismatic coin, or diamond product is affected by many economic factors, including the current market price of bullion, the perceived scarcity of the coins or diamonds, and many other factors. Some of these factors include the quality, current demand, and general market sentiment for the particular product. Bullion metals, numismatic coins, and diamonds can go down as well as up in value, as such, investing in them may not be suitable for everyone. Since all investments, including bullion, numismatic coins, and diamonds can decline in value, you should understand them well and have adequate cash reserves and disposable income before considering a bullion metals, numismatic coin, or diamond investment.
Wholesale Coins Direct, LLC is a private distributor of precious metal and diamond products and is not affiliated with the U.S. Government. WCD employees are not licensed as investment advisors and are not authorized to recommend the purchase or sale of any investment securities. We only provide information regarding the products that we offer for sale. Check with a licensed professional with expertise in a particular market before making a decision to buy or sell any security, bond, annuity or financial instrument. The value of a numismatic coin or rare, colored diamond is determined by multiple factors which can and do fluctuate independently from bullion prices. These factors include: the perceived scarcity of the coin or diamond, its quality, current demand, market sentiment, and economic factors. Bullion metals, rare coins, rare currency, and rare diamonds can go down as well as up in value. The coin and diamond market is subject to substantial fluctuations, including significant and rapid increases and decreases in value from time to time. As such, precious metal and diamond products may not be suitable for everyone. Investors must be able to assume the risk of such price fluctuations. WCD does not guarantee that any person buying for investment purposes will be able to sell for a profit in the future. The value of raw bullion and raw bullion coins is largely determined by the current spot or market price of these products. These prices fluctuate constantly throughout the trading day.
You shall indemnify and hold harmless WCD and its affiliates, directors, officers, executives, employees, and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to WCD, or (b) your failure to comply with this User Agreement, the Order Terms and Conditions, or the other policies adopted by WCD.
Limitation of Liability:
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer, our Order Terms and Conditions, and the other policies adopted by WCD.
In the event that, notwithstanding such limitations of liability, WCD is determined to be liable to you in connection with any transaction between WCD and you pursuant to this User Agreement, the liability of WCD to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. WCD shall not, in any event, be liable for any consequential, exemplary or indirect damages.
By purchasing from, making sales to, or ordering from WCD, whether by telephone, through our website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Every product that WCD sells is subject to all U.S. export laws. No products may be exported or re-exported into, or to a national or resident of Cuba, Iran, North Korea, Syria or any country to which the U.S has embargoed goods. Additionally, no products may be exported or re-exported to any individual or company on the U.S. Treasury Department's Specially Designated Nationals List (SDN) or the U.S. Commerce Department's Denied Persons List.
Either WCD or you may terminate this User Agreement, with or without cause, at any time by delivering written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of WCD and you with respect to the period prior to the termination.
Default; Rights and Remedies:
Upon any failure by you to comply with your obligations to WCD, WCD shall have all of the rights and the remedies available to WCD, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement or our other policies. Without limiting its rights and its remedies, WCD may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of WCD in exercising any right or any remedy shall operate as a waiver of that right or remedy and no single or partial exercise by WCD of any right or any remedy shall preclude other or further exercise of that right or that remedy, or the exercise of any other right or any other remedy. In addition to the all other rights and remedies available to WCD, in the event of any failure by you to comply with this User Agreement, you expressly authorize WCD to charge your credit card or, when intending to pay by electronic check (ACH), debit or draft funds from your bank account on which you previously provided WCD including, without limitation, any and all market losses incurred by WCD including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfill. You expressly authorize WCD to charge your credit card, debit or draft from your bank account, or debit funds already allocated to your account with WCD for any and all such amounts.
Our “Market Loss Policy” (Ask to Ask policy):
When purchasing from WCD, once we have issued a confirmation number, the price is either locked-in for your order or inventory has been allocated to your order. The transaction may not be cancelled, but only offset at our current ask price. WCD’s Market Loss Policy applies to all products offered on our website; however, it is generally more applicable to bullion related products (bullion precious metals and diamonds) as they are more volatile than numismatic coin products. If WCD has not experienced a loss between the time you confirmed your order and the time of cancellation, you will only be charged the fixed $50.00 cancellation fee. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item(s) is cancelled or returned. That amount will be charged to you, plus a $50.00 cancellation fee. This is our Market Loss Policy. Any market gain on cancellations or returns shall remain the property of WCD.
When selling to WCD, once we have issued a confirmation number, the price is either locked-in for you or your confirmed sale to WCD has been placed in the open market. Your transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items. The difference will be charged to you, plus a $50.00 (USD) cancellation fee. This is our Market Loss Policy. Any market gain on cancellations shall remain the property of WCD.
Wholesale Coins Direct reserves the right to refuse an order when the confirmed price is incorrect due to computer-related problems, pricing error, incorrect item descriptions or sudden movements in the precious metals market. Furthermore, WCD reserves the right to refuse or cancel any order deemed questionable, of significant risk to WCD, or in potential violation of U.S. Anti-Money Laundering Laws regardless of the price confirmation.
Your WCD order may be automatically canceled if we do not receive payment within three (3) business days. Once you have placed an order with Wholesale Coins Direct, whether through our website or over the telephone, you have entered into a binding agreement.
In addition to all other rights and remedies available to WCD, in the event of any failure by you to comply with this User Agreement, WCD may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement, our Order Terms and Conditions, or our Market Loss Policy.
Furthermore, WCD may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to WCD and may offset any monetary obligations that WCD has to you against your monetary obligations to WCD. WCD may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales to WCD, to your obligations to WCD in such manner as WCD determines to be appropriate.
Absence of Relationship:
The sole relationship between WCD and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship shall exist between WCD and you.
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of WCD, which may be granted or withheld by WCD at its sole discretion. This User Agreement shall be binding upon and inure to the benefit of all permitted assigns and successors of WCD and you.
Costs and Expenses of Collection:
In the event that WCD must take any action against you to enforce our obligations under this User Agreement, our Order Terms and Conditions, or our Market Loss Policy, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by WCD, including, without limitation, reasonable attorneys’ fees, in connection with such action.
It is the common goal of WCD and you that any disagreement or dispute between WCD and you be resolved expeditiously. WCD and you agree that all disagreements and disputes between WCD and you be resolved in accordance with the following paragraphs:
The federal and state courts located in Travis County, Texas, shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the jurisdiction of the courts of Travis County, Texas, for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas, United States of America, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration:
BOTH WCD AND YOU HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISAGREEMENT OR DISPUTE RESULTING FROM, OR IN CONNECTION WITH, THIS USER AGREEMENT AND THE TRANSACTIONS UNDER THIS USER AGREEMENT. Both WCD and you also waive any arbitration requirements to which they might otherwise be subject.
If WCD cannot perform any obligation hereunder as a result of any event that is beyond its control, WCD’s delay or failure to perform such obligation shall be expressly excused by you and WCD shall not be liable for any damages as a result of, or in connection with, such delay or failure.
You explicitly agree that you will execute and deliver such other documents and take such other actions as may be reasonably requested by WCD to carry out this User Agreement, the Order Terms and Conditions, or Market Loss Policy.
Except as otherwise provided in this User Agreement, all notices and other communications to WCD shall be directed to the registered agent of Wholesale Coins Direct, LLC, in the State of Texas and all notices and other communications to you shall be directed, at the option of WCD, to the address that you provided to WCD at the time of your registration, or to the email address that you provided to WCD at the time of your registration.
Recording of Phone Conversations:
WCD may record phone conversations between WCD and you. You expressly consent to the recording and archiving of all phone conversations between WCD and you.
Absence of Waivers:
A decision or a failure by WCD to take action with respect to any non-compliance with this User Agreement does not affect the ability of WCD with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
WCD may amend this User Agreement or any other policies at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website. This User Agreement may not be otherwise amended except by written agreement between WCD and you.
This User Agreement sets forth the entire understanding between WCD and you with respect to the subject matter of this User Agreement. If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, please contact Wholesale Coins Direct, LLC, at (800) 694-3518.