Terms And Conditions
This website is owned and operated by Miles Franklin, Ltd. and Miles Franklin Collectibles Inc. d/b/a Miles Franklin Precious Metals Storage (collectively “Miles Franklin”), and access and use of this website is provided conditioned upon Your acceptance of these 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 these Terms and Conditions. If you do not agree to accept and abide by these Terms of Use you should not access or use this website. Miles Franklin, Ltd. and Miles Franklin Collectibles Inc (“MFL”), both Minnesota corporations, and You 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 +1-952-929-7006.
Placing Orders
MFL and You may engage in purchases and sales (“Trades”) of Precious Metals Products with one another from time to time, however neither MFL nor You are obligated to engage in any particular Trade. Once a Trade is agreed to, verbally, through the use of our Website, or otherwise, MFL will email You the details of the Trade. You agree to promptly examine the details of any trades delivered and notify MFL of any discrepancy within 24 hours. You 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.
Orders placed over the phone may be recorded and by placing any order You agree your call may be recorded.
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, credit card, eCheck, or bank transfer. 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. YOU ARE OBLIGATED TO PAY IN FULL FOR ALL ORDERS REGARDLESS OF FUTURE MARKET ACTIVITY.
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 and a binding contract between MFL and You, in which either (i) MFL agrees to sell and You agree 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 or (ii) You agree to sell and MFL 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 You, MFL does so on the basis of a live precious metals market price, which fluctuates throughout the day during normal COMEX trading hours. In order to provide a live price to You, 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 You are unable or unwilling to complete the settlement and/or payment that has been committed to within a Trade confirmation (“Delivery Default”), You agree that MFL may “break” Your commitment (i) in the event you fail to make payment, (ii) in the event of a Delivery Default on a Trade which is a sale of Precious Metals Products to You, a (“Sale Trade Liquidation”) by purchasing back those Precious Metals Products which were confirmed in the Trade from You, or (iii) in the event of a Delivery Default on a Trade which is a purchase of Precious Metals Products from You, a (“Purchase Trade Liquidation”) by selling back those Precious Metals Products which were confirmed in the Trade to You . A Sale Trade Liquidation or Purchase Trade Liquidation may result in a net balance due MFL. If the value of those Precious Metals Products purchased back from You in a Sale Trade Liquidation are less than the value at which those same Precious Metals Products were sold to You in their associated Trade, You shall owe to MFL the difference. Likewise, if the value of those Precious Metals Products sold back to You in a Purchase Trade Liquidation are greater than the value at which those same Precious Metals Products were purchased from You in their associated Trade, You shall owe to MFL the difference. In any case you will owe MFL for any fees or expenses incurred to break Your trade. A Delivery Default occurs when You cancel pre-authorized payment, confirm that You will not deliver Your side of the Trade (either Currency or Precious Metals Product) or when You actually do not deliver Precious Metals Product or Currency within 10 days. You agree that MFL may use any means to recover funds owed by You to MFL including, but not limited to, capturing any funds pre-authorized by MFL on a credit card account controlled by You, liquidating any asset belonging to You which is under MFL's control, or by referring the matter to a professional debt collector or to a civil magistrate for judgment. Refer to the Remedies section, below, for more information
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 You elect to use the payment methods labeled “ACH”, “e-Check”, “Credit Card”, “PayPal”, “Apple Pay”, “Amazon Pay”, “Cash App Pay”, “Google Pay” during the checkout process on the Website or the click to pay invoices, and provides bank routing, account information, and any other necessary information, You authorize MFL to present charge entries 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. You agree and represent that You have legal authority to debit the bank account and that You will make no attempt to dishonor or reject the payment without prior written permission from MFL.
MFL does not accept cash payments.
ATTENTION: Cashier's Check, Bank Draft, Traveler's Check, and Money Order Payors
MFL is required by law to report certain transactions to the government, including related transactions and transactions that occur within the same 24-hour period, involving cashier’s checks, bank drafts, traveler’s checks and money order payments that exceed $10,000. As a result, MFL will not process your order until You provide us with the required identification information. Your order may be delayed or cancelled if You fail to timely provide the required identification information to 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 You subject to the Terms of Delivery. Should anything happen while your package is in transit to You, You might be permitted to claim coverage under our insurance.
Terms of Delivery
You agree to provide MFL with an accurate shipping address and to be available to sign for the delivery of any Orders shipped to You by MFL, except, however, that shipments containing less than $600 in value do not require a signature or for You to be present at the time of delivery. MFL shall provide You with carrier names and tracking numbers for all shipments made to You, by email or by phone, with which You will be able to access up-to-date delivery schedules from the carrier. You agree that MFL or our agent may contact You by email, phone, or SMS to provide notification of shipment and delivery of any orders shipped to You, and that such contact by MFL will be sufficient notice for You to perform any obligations or preparations necessary to ensure a safe and successful delivery. You agree to promptly notify MFL of any discrepancies and in any event no less than 48 hours after 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.
If You do not receive the shipment it agrees to take all reasonable actions to assist in recovery of the shipment, including but not limited to filing reports (and/or police reports), and providing all information requested to assist in recovery of the shipment. Failure to fully cooperate in recovery efforts, may mean neither MFL nor our insurer has any liability for the misshipment. You agree 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. Failure to make packaging and packing material available may result in a denial of a claim for misshipment.
Terms of Delivery for Buybacks (MFL purchases from You).
You agree when selling metals to MFL you will follow the packing instructions as directed and provide the broker with tracking information immediately after available.
Packing instructions for Buybacks
1.Double box your product. Package it in the inner box discreetly and bring it to the post office with the outer box. The post office will supply free sealing tape to tape up the outer box.
Failure to comply with these instructions may result in package refusal at destination.
Remedies
If for any reason You are not able to pay, the following remedies will be available to MFL (in addition to any and all other remedies of MFL available at law):
You are 100% responsible to pay the difference between the locked in price with MFL and the price of the locked in commodity at the time the trade has been determined to be broken, as determined in the sole discretion of MFL.
If an order is canceled and not paid or remedied to the satisfaction of MFL, You will also be responsible for MFL’s reasonable attorney fees and/or collection costs.
Due to potential volatility and supply concerns that may arise from time to time, MFL shall only be obligated to deliver product promptly after receipt from its supplier pursuant to Your order. Accordingly, should a force majeure on COMEX or similar event take place where there is a delay on the part of MFL or its supplier(s) for reasons beyond their reasonable control, MFL will not be held responsible for any such delays or orders not filled. Any orders for which MFL cannot fulfill the product will be settled with refunding the funds you provided for the non-fulfilled order to you and You shall have no further recourse against MFL. Supply concerns are prevalent in the silver market from time to time and may appear in the gold market without prior notice.
Updates to these Terms.
MFL may revise and update these Terms and Conditions at any time and without notice, so You should review the Terms and Conditions posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
Use of the Web Site
This website and all its contents (the “Content”) is intended solely for customers of MFL. You may not use this website or the Content for any purpose not related to your business with MFL. You are prohibited from: (a) using this website for unlawful purposes; (b) downloading, copying, or re-transmitting any or all of the website or the Content without written agreement with MFL; (c) publishing, posting, or disseminating any infringing, defamatory, , obscene, pornographic, sexual, indecent or unlawful material or information; (d) using any data mining, robots or similar data gathering or extraction methods; (e) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (f) interfering with the operation or security of this website, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website; and (g) using the website or the Content other than for its intended purpose, as determined by MFL in its sole discretion. ,
Intellectual Property
All graphics, information, and materials, including the organization and presentation of such material on this website (the “Materials”) are the property of MFL and/or its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.
Entire Agreement
These Terms and Conditions, our Privacy Policy (insert hyperlink) and trade confirmations for sale or purchase transactions constitute the entire agreement between You and MFL with respect to use of this website and transactions
Applicable Law, Arbitration
You agree that the exclusive venue and jurisdiction for any disputes, actions or conflicts between You and MFL shall be venued in Minneapolis, Minnesota, and, at the sole option of MFL, be settled by final and binding arbitration held in Minneapolis, Minnesota in accordance with the rules of the American Arbitration Association (except for equitable claims), and judgment upon any award thereon may be entered in any court having jurisdiction thereof.
Definitions:
Cleared Funds means those payments submitted by You 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:
Currency means U.S. dollars (USD).
You 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.