Terms and Conditions

By continuing to use this website, and/or by purchasing products from Miles Franklin, Ltd., you agree that such use constitutes your agreement with all of the following:

Miles Franklin, Ltd. (“MFL”), a Minnesota corporation, and Customer agree to the following terms and conditions.

MFL is a dealer of physical gold, silver, platinum, and palladium coins and bars (“Precious Metals Products”) and maintains bid and ask (buy and sell) pricing on most major Precious Metals Products traded within North America. This pricing is available on our website located at https://milesfranklin.com (“Website”) and can be obtained by inquiring with our trading desk by calling +1-800-822-8080.

Placing Orders

MFL and Customer agree to engage in purchases and sales (“Trades”) of Precious Metals Products with one another from time to time, however neither MFL nor Customer are obligated to engage in any particular Trade. Once a Trade is agreed to, verbally, or through the use of our Website, or otherwise, MFL will email or physically deliver to Customer the details of the Trade. Customer agrees to promptly examine the details of any trades delivered and notify MFL of any discrepancy within 72 hours. Customer and MFL each agree to settle each trade by delivering to the other party the Precious Metals Products or Currency as agreed to within the terms of any particular trade. Typical settlement (i.e.: shipment/transfer of Precious Metals Products or payment of currency) time from the date that MFL receives Precious Metals Products or Cleared Funds is between 2 and 7 business days unless otherwise noted on the trade in writing.

Availability

Orders which are placed through the Website indicate both in the shopping cart and during checkout the estimated earliest availability and shipping date of any particular order when paid by Cleared Funds, such as a bank wire or credit card. This date represents the earliest that an order may ship and is based on MFL’s inventory available within its warehouse in addition to MFL inventory in some stage of production, finishing, or transport. Other notices may also be prominently displayed to disclose any additional shipping delays which may be occurring, such as due to weather or excessive product demand.

Orders are firm commitments by both parties

Orders made with MFL cannot be canceled. If you are unable or unwilling to complete your order, you may owe MFL money. Please read the following carefully:

Orders placed with MFL are firm commitments, in which MFL agrees to sell and Customer agrees to buy the specified precious metals products at the specified prices for delivery at the time and place as indicated within the Trade confirmation email. When MFL commits to sell precious metals to Customer, MFL does so on the basis of a live precious metals market price, which fluctuates throughout the day during normal COMEX and GLOBEX trading hours. In order to provide a live price to Customer, MFL must buy and sell precious metals upon the live market in real-time to cover all orders with all customers. As such it is not possible to cancel an order once it has been placed. In the event that Customer is unable or unwilling to complete the settlement and/or payment that has been committed to within a Trade confirmation (“Delivery Default”), Customer agrees that MFL may “unwind” the Customer’s commitment by purchasing back from Customer, in the event of a Delivery Default on a Trade which is a sale of Precious Metals Products to Customer, a (“Sale Trade Liquidation”), or by selling back to the Customer, in the event of a Delivery Default on a Trade which is a purchase of Precious Metals Products from Customer, a (“Purchase Trade Liquidation”) those Precious Metals Products which were confirmed in the Trade, a (“Sale Trade Liquidation”). Such a Trade Liquidation may result in a net balance due MFL. If the value of those Precious Metals Products purchased back from Customer in a Sale Trade Liquidation are less than the value at which those same Precious Metals Products were sold to Customer in their associated Trade, Customer shall owe to MFL any difference. Likewise, if the value of those Precious Metals Products sold back to Customer in a Purchase Trade Liquidation are greater than the value at which those same Precious Metals Products were purchased from Customer in their associated Trade, Customer shall owe to MFL any difference. A Delivery Default occurs when Customer confirms that Customer will not deliver their side of the Trade (either currency or Precious Metals Product) or when Customer actually does not deliver Precious Metals Product or currency within 10 days. Customer agrees that MFL may use any means to recover funds owed by Customer to MFL including, but not limited to, capturing any funds pre-authorized by MFL on a credit card account controlled by Customer, liquidating any asset belonging to Customer which is under MFL's control, or by referring the matter to a professional debt collector or to a civil magistrate for judgment.

Pricing Errors

You agree that MFL has the right to correct or otherwise modify prices for products on orders if those prices are determined, at MFL's sole discretion, to be incorrect as a result of inaccuracies, connectivity, or timing issues, etc., or other technical problems related to MFL's electronic, e-commerce, or market data feed infrastructure or the upstream providers of such market data feeds and/or infrastructure.

Payments

Whenever Customer elects to use the payment method labeled “ACH” or “e-Check” during the checkout process on the Website, and provides bank routing and account information, Customer authorizes MFL to present debit entires for the bank account and financial institution identified by that information, for a payment of funds owed to MFL in the amount of the order being placed. Customer agrees and represents that Customer has legal authority to debit the bank account and that Customer will make no attempt to dishonor or reject the payment without prior written permission from MFL.

Refunds

A refund will be issued in the event that MFL is unable to deliver any Precious Metals Products confirmed within a Trade within a reasonable amount of time following the Estimated Availability Date of the Trade.

Returns

Returns for exchange of like kind product will be honored for products which are damaged in shipping or that arrive in a condition not as described at the time of the Trade.

Guarantee

MFL guarantees the purity, authenticity, and accurate description of all Precious Metals Products sold by MFL.

Insurance

MFL maintains shipping insurance and guarantees actual physical delivery of all Precious Metals Products sold to Customer subject to the Terms of Delivery.

Terms of Delivery

Customer agrees to provide MFL with an accurate shipping address and to be available to sign for the delivery of any Orders shipped to Customer by MFL, except, however, that shipments containing less than $600 in value do not require a signature or for the Customer to be present at the time of delivery. MFL shall provide Customer with carrier names and tracking numbers for all shipments made to Customer, by email or by phone, with which Customer will be able to access up-to-date delivery schedules from the carrier. Customer agrees that We or our agent may contact Customer by email, phone, or SMS to provide notification of shipment and delivery of any orders shipped to Customer, and that such contact by us will be sufficient notice for Customer to perform any obligations or preparations necessary to ensure a safe and successful delivery. Customer agrees to notify Us promptly of any discrepancies within 48 hours of actual receipt or notification of delivery. Orders shipped by customer request to a third party delivery facility, such as a FedEx Store, a UPS Store, private mailbox provider, etc., are insured only up until actual delivery to that street address and once delivered to that address our coverage and responsibility for the shipment ends. This exclusion does not apply to orders shipped to be held for Will Call at a UPS Customer Center location. Customer agrees to retain, and make available to MFL for inspection, the packaging and all packing material, included with any shipment from which a Customer claims product is missing.

Definitions:

Cleared Funds means those payments submitted by Customer which MFL considers to have fully and/or properly cleared normal banking channels and rules. MFL typically designates received payments as Cleared Funds after a certain number of days have elapsed since the receipt of such payment, such as found in the following list:

Physically Delivered Bullion: 0 days (Immediate)
Trade Credit / Cash / Wire / Credit Card / Bitcoin: 1 business day
Checks, ACH, Money Orders: 7 business days

Customer means any person using the Website or conducting business with MFL through the Website, as identified by the name, address, email, IP address, phone number, and any other information provided by such person in their use of the Website’s services.

Precious Metals Products means coins, bars, ingots, rounds, etc., made primarily of gold, silver, platinum, and/or palladium and whose value is determined primarily by the commodity market value of the underlying precious metal.

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