These Terms and Conditions of Trade apply to purchases, sales and other transactions conducted with Darling Downs Bullion through our website, by telephone, by email or in person.
In these Terms:
- Darling Downs Bullion, we, us and our mean MCDOUGALL SMITH INVESTMENTS PTY LTD (ABN 38 691 462 512), trading as Darling Downs Bullion.
- Customer, you and your mean the individual or entity placing an order or entering into a transaction with us.
- Products include bullion, precious metals, coins, bars and other goods offered by us.
- Website means the Darling Downs Bullion website at darlingdownsbullion.au.
- Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.
By placing an order or completing a transaction with us, you acknowledge that you have read, understood and agreed to these Terms.
Placing an Order
Darling Downs Bullion accepts orders through our Website and by any other method we expressly approve.
You must provide accurate, complete and current information when placing an order. We may request additional information or documents before accepting, processing or releasing an order.
Submitting an order through our Website does not, by itself, require us to accept the order. We reserve the right to decline or cancel an order where:
- a Product is unavailable;
- the displayed price is incorrect due to a technical, pricing-feed or administrative error;
- payment is not received within the required period;
- we cannot satisfactorily verify your identity;
- we reasonably suspect fraud, unlawful activity or a breach of these Terms;
- accepting the order would breach a legal, regulatory or risk-management requirement; or
- another circumstance outside our reasonable control prevents us from supplying the Product.
If we cancel an order after receiving payment, we will return the amount paid, less any amount we are lawfully entitled to deduct under these Terms, including an applicable Market Loss Amount.
Formation of the Contract
Because precious-metal prices move continuously, Product prices may change without notice before an order is confirmed.
Unless we notify you otherwise, an order becomes binding when we issue an order confirmation or invoice that confirms the Product, quantity and locked price.
Once the price is locked and the order becomes binding:
- you must complete the purchase in accordance with these Terms;
- the order cannot be cancelled merely because the market price has changed;
- the risk of subsequent market-price movements is accepted by you; and
- our Market Loss Policy may apply if you fail to complete the transaction.
Any change requested after confirmation is subject to our written approval and may be treated as a cancellation and new order.
Prices and Website Information
Unless stated otherwise, all prices are displayed and payable in Australian dollars.
Bullion prices may be calculated using live or delayed market information supplied by third-party data providers. Although we take reasonable steps to maintain accurate pricing, delays, interruptions and errors may occur.
If a Product is listed at an obviously incorrect price because of a technical error, market-data error, typographical mistake or other pricing malfunction, we may decline or cancel the affected order. We will contact you as soon as reasonably practicable and provide the option to place a new order at the correct price where the Product remains available.
Product images are illustrative. Packaging, manufacturer marks, year, finish, colour and appearance may vary between Products or production batches. These differences will not constitute a defect where the Product supplied matches the metal, weight, purity and other specifications stated in the order confirmation.
Payment
You must pay the full purchase price, including applicable delivery, insurance, payment-processing and other disclosed charges, using a payment method accepted by us.
Payment must be initiated promptly and cleared funds must be received within 2 Business Days after the order is placed or the invoice is issued.
Bank-transfer payments must include the order or invoice number as the payment reference.
Unless we approve otherwise in writing:
- payments must be made from an account held in the Customer’s name;
- we do not accept payments from unrelated third parties;
- international bank transfers are not accepted;
- telephone credit-card payments are not accepted; and
- any bank, transfer, currency-conversion or intermediary fees are your responsibility.
An order will not be dispatched or released for collection until we have received cleared funds and completed all required identification and compliance checks.
If payment is not received by the due date, we may cancel the order, recover any applicable Market Loss Amount and take reasonable recovery action.
Deposits
We may require a deposit before accepting or securing an order. The required deposit amount may depend on the value, quantity, Product type, availability and risk associated with the transaction.
Unless otherwise stated in writing, a deposit is applied toward the purchase price and does not give you a right to cancel a price-locked order.
If you fail to pay the balance when due, we may apply the deposit toward:
- any Market Loss Amount;
- reasonable administration and recovery costs; and
- any other amount you owe us.
Any remaining balance will be returned to you. If the deposit does not cover the amount owed, you remain liable for the shortfall.
Market Loss Policy
Precious-metal prices can move significantly after an order is confirmed. Once an order is confirmed and its price is locked, you are responsible for completing the transaction at the agreed price.
If you cancel, fail to pay for or otherwise default on a confirmed order, we may calculate the financial loss we reasonably incur because of the market movement.
The Market Loss Amount is the difference between:
- the price locked for your order; and
- the value at which we can reasonably unwind, replace or resell the relevant position following your cancellation or default,
together with reasonable transaction and recovery costs directly associated with the default.
If the market moves in our favour, you are not entitled to receive the resulting market gain.
Before seeking payment, we will provide reasonable details of how the Market Loss Amount was calculated. The amount is intended to compensate us for actual loss and is not intended to operate as a penalty.
We may deduct the Market Loss Amount from a deposit or other amount held for you, issue an invoice for the amount, suspend or refuse future orders, and take reasonable recovery action where the amount remains unpaid.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
Customer Identification and AML/CTF Compliance
Darling Downs Bullion must comply with applicable laws concerning anti-money laundering, counter-terrorism financing, sanctions, fraud prevention and customer identification.
Before providing a Product or service, we may require you to provide and verify information including your full legal name, residential address, date of birth, photographic identification, source of funds or source of wealth, information about the purpose and intended nature of the transaction, and any other information reasonably required by us or by law.
We may use approved third-party identification services and government document-verification services to verify the information you provide. For companies, trusts, partnerships and self-managed superannuation funds, we may require additional documents concerning the entity, its trustees, directors, beneficial owners and authorised representatives.
We may delay, refuse, suspend or cancel a transaction if required information is not provided, we cannot satisfactorily verify the Customer or beneficial owner, we reasonably suspect fraud or unlawful activity, the transaction falls outside our risk appetite, or we are required or permitted to do so by law.
Where legally required, we may report information about a transaction to AUSTRAC, law-enforcement agencies or another regulatory authority without notifying you.
Delivery
Delivery is available only to addresses and locations approved by us.
Delivery charges, including any applicable insurance, will be displayed at checkout or separately quoted. Orders will only be dispatched after full payment has been received as cleared funds, all required identification checks have been completed, and the order has passed our internal security and risk checks.
You are responsible for providing a complete and accurate delivery address and for monitoring tracking information and making appropriate arrangements to receive delivery. Signature or photographic identification may be required.
Risk in the Products passes to you when the order is delivered in accordance with the courier’s tracking and delivery confirmation, except to the extent otherwise required by law.
We may divide higher-value orders into multiple consignments or use a specialist secure courier.
Delivery Timeframes and Delays
Any dispatch or delivery timeframe provided by us is an estimate only.
In-stock Products will ordinarily be dispatched within 1–3 Business Days after cleared funds and all required identification have been received.
Pre-order, back-order and specially sourced Products may have longer or uncertain delivery periods. Supplier and mint delays may occur.
Nothing in this section excludes any rights or remedies available under the Australian Consumer Law.
Click and Collect
Where local collection is offered, we will notify you when your order is ready. Do not attend the collection location until you have received confirmation that the order is available.
The person collecting the order must present valid photographic identification, the order confirmation or invoice, and any other information reasonably requested by us. The identification must match the Customer details unless we have approved an authorised collector in writing before collection.
Orders will be held for collection without charge for 30 days after we notify you that they are ready. Storage or administration charges may apply after this period, provided we notify you of the applicable charge.
We will deal with any order that remains uncollected in accordance with applicable Queensland law.
Inspection of Your Order
Please inspect your order as soon as reasonably possible after delivery or collection.
If you believe that a Product is missing, damaged, defective or different from the Product ordered, contact us promptly at mark@ddbull.au and provide your name and order number, a description of the issue, photographs where appropriate, and any other information reasonably required to assess the claim.
Prompt notification helps us investigate delivery discrepancies, but it does not limit your rights under the Australian Consumer Law. Do not return bullion without first contacting us and receiving return instructions.
Returns, Defects and Consumer Guarantees
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.
You may be entitled to a replacement, refund or another remedy if a Product is faulty or damaged, does not match its description, is not of acceptable quality, does not meet the specifications recorded on your invoice, or otherwise fails to meet an applicable consumer guarantee.
The remedy available will depend on the nature and seriousness of the problem and the requirements of the Australian Consumer Law. We may inspect or test a returned Product before providing a remedy.
Nothing in these Terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, restricted or modified.
Change-of-Mind Returns
Because bullion prices are linked to financial-market movements and prices are locked when orders are confirmed, we do not accept returns, exchanges or cancellations merely because you changed your mind, your financial circumstances changed, the market price moved, you found the Product at a lower price elsewhere, you selected the wrong Product or quantity, or you no longer require the Product.
This change-of-mind policy does not affect your rights where a Product fails to comply with the Australian Consumer Law.
Buybacks
Where we offer a bullion buyback service, all buybacks are subject to inspection, verification and our approval.
Any initial estimate is indicative only. The final buyback price will be calculated using our applicable buyback rate after we have physically received the Product, verified its weight and purity, confirmed its authenticity and condition, and completed all required identification and compliance checks.
We may decline to purchase an item that cannot be authenticated, does not meet the represented weight or purity, is suspected to be stolen, fraudulent or unlawfully obtained, falls outside the Products we purchase, or cannot be accepted for legal, compliance or risk-management reasons.
Payment for an approved buyback will only be made to an account held in the verified Customer’s name.
Financial Information Disclaimer
The information provided on our Website, in our communications or by our personnel is general information only.
Darling Downs Bullion does not provide personal financial, investment, taxation, accounting or legal advice. We do not consider your objectives, financial circumstances or needs when providing general information or selling bullion.
Precious-metal prices may rise or fall, and past price movements do not guarantee future performance. You are responsible for deciding whether a Product or transaction is appropriate for you.
Privacy and Information Security
We collect, use, store and disclose personal information in accordance with our Privacy Policy and applicable privacy laws. Information may be shared with organisations that assist us with identity verification, payment processing, fraud prevention, Website operation, order fulfilment, delivery and insurance, professional advice, and legal and regulatory compliance.
Website Availability and Third-Party Services
We do not guarantee that the Website, live pricing, payment systems, market data or other online services will always be available, uninterrupted or error-free.
Our Website may contain links to third-party websites or use information supplied by third parties. We do not control those third parties and are not responsible for their content, availability or practices.
Events Outside Our Reasonable Control
We will not be responsible for a delay or failure caused by an event outside our reasonable control, including natural disasters, emergencies, war, government action, interruptions to postal, courier, banking, telecommunications, market-data or payment services, power or internet outages, industrial disputes, supplier interruptions, border restrictions, or changes in law or regulatory requirements.
This provision does not exclude any obligation or liability that cannot lawfully be excluded.
Limitation of Liability
To the maximum extent permitted by law, Darling Downs Bullion is not liable for indirect or consequential loss arising from a transaction, including loss caused solely by market-price movements, lost investment opportunities or decisions made in reliance on general information.
Nothing in these Terms excludes, restricts or modifies the Australian Consumer Law, liability for fraud or wilful misconduct, or any right, guarantee, condition or remedy that cannot lawfully be excluded.
Fraud and Unlawful Conduct
You must not use our Website, Products or services for any fraudulent, misleading or unlawful purpose. We may suspend a transaction, retain relevant records and report suspected activity where required or permitted by law.
Changes to These Terms
We may update these Terms from time to time by publishing a revised version on our Website. The Terms applying to a transaction will generally be those in effect when the order was placed, unless a change is required by law or is agreed between the parties.
Severability and Waiver
If any part of these Terms is held to be invalid or unenforceable, that part will be read down or removed to the minimum extent necessary. The remaining provisions will continue to operate.
A delay or failure by us to enforce a right does not waive that right. A waiver is only effective if confirmed by us in writing.
Governing Law
These Terms are governed by the laws of Queensland and the applicable laws of the Commonwealth of Australia.
The parties submit to the courts and tribunals having jurisdiction in Queensland, subject to any rights a Customer has to bring a claim in another jurisdiction under applicable consumer law.
Contact Us
Darling Downs Bullion
MCDOUGALL SMITH INVESTMENTS PTY LTD
ABN 38 691 462 512
Level 1, 526 Alderley Street
Harristown QLD 4350
Email: mark@ddbull.au
Phone: 0493 483 918
Website: darlingdownsbullion.au