Terms & Conditions
Overview
These Terms and Conditions (the “Terms”) govern your access to and use of Bullion Underground’s website(s), landing pages, phone ordering, email/SMS communications, and any other services we provide (collectively, the “Services”), and all purchases, sales, memberships, and other transactions conducted through or in connection with the Services (collectively, “Transactions”).
These Terms are entered into by and between you (“you,” “your,” or “Customer”) and Bullion Underground (“Bullion Underground,” “we,” “us,” or “our”).
By accessing or using the Services, purchasing a Founders Membership, placing an order (online or through an advisor), or participating in any buyback/sell-to-us activity, you agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy and SMS Terms & Conditions. If you do not agree, do not use the Services or engage in Transactions.
IMPORTANT NOTICES
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Pre-Sale / Launch Phases: Our initial website is a pre-sale landing page. During this phase, bullion orders may be placed with a Bullion Underground advisor. Once the production website goes live, orders will be placed online through your account.
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Market Loss Applies: All cancellations, defaults, and eligible returns are subject to the Market Loss Fee described in Section 8.
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Adults Only: The Services are intended for individuals 18+ and for U.S. residents only.
1. Account Creation and Information
You may browse as a guest, but certain Services (including order placement and membership benefits) may require an account.
You agree to provide accurate, current, complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.
We may require additional verification for account access, orders, or suspicious activity (including ID verification and address verification).
2. Suspension and Termination
We may refuse service, suspend, or terminate access to the Services or your account at any time in our discretion, including for suspected fraud, policy violations, chargebacks, abusive conduct, or nonpayment of fees.
Termination does not eliminate obligations you owe us (including Market Loss Fees or unpaid balances).
3. Intellectual Property
All content, branding, text, graphics, interfaces, and other materials on the Services (the “Content”) are owned by or licensed to Bullion Underground and protected by intellectual property laws. You may not copy, reproduce, distribute, scrape, reverse engineer, or exploit the Services or Content except as expressly permitted by law or by our written consent.
4. Restrictions on Use of Services
You agree not to:
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violate any laws,
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attempt unauthorized access,
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use automated scraping/bots,
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disrupt security or operations,
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impersonate others,
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use the Services for unlawful activity or to facilitate fraud.
5. Products, Pricing, and Sales/Use Tax
Pricing & availability: Precious metals pricing is volatile. Prices and availability may change without notice. We may correct errors and cancel orders affected by pricing or listing errors.
Sales/Use tax: We may collect sales tax where required. If tax is not collected, you may still owe use tax to your state. Nothing on the Services is tax advice.
6. Order Policies, Procedures, and Payments (Buying From Us)
6.1 Binding Orders; Price Lock
When you place an order (online or through an advisor) and we issue an order confirmation (a “Sale Confirmation”), you enter a legally binding contract to purchase at the confirmed price.
Because we may lock pricing immediately with a supplier/dealer, confirmed orders generally cannot be canceled without Market Loss consequences (see Section 8).
6.2 ALL Metals Orders Must Be Secured With a Credit Card (Order Security)
All precious metals orders must be secured with a valid credit card authorization (“Order Security”), regardless of your ultimate payment method (credit card, wire, ACH/eCheck, check, crypto, etc.).
You understand and agree:
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We may place a pre-authorization hold or charge a deposit as we determine reasonably necessary to secure the order and enforce this policy.
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Order Security is required because we may lock in the price with a supplier/dealer after confirmation and assume market risk if you fail to complete payment.
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If you default or cancel, you expressly authorize us to charge your secured card for Market Loss Fees, cancellation/default fees, shipping losses, and reasonable collection costs as permitted by law.
If you do not provide Order Security, we may refuse, delay, or cancel your order.
6.3 Payment Timing
Payment must be initiated/received within the timeframe provided in your Sale Confirmation or advisor instructions. If payment is late or fails, we may cancel the order and assess fees under Section 8.
6.4 Verification & Fraud Review
We may delay, cancel, or refuse to fulfill any order pending verification (identity, address, payment validation, and fraud review). We may require ID documentation and live confirmation.
7. Sell-To-Us Program (If Offered)
If you sell metals to Bullion Underground (“Sell-To-Us”), we may provide a buy price and issue a confirmation (“Purchase Order”). Once issued, a Purchase Order is binding.
We may require a credit card on file to secure the transaction and to enforce the Market Loss Policy if you fail to ship, ship late, misrepresent items, or otherwise default.
We may inspect items for authenticity, weight, purity, and condition and adjust or reject offers if items do not match representations.
8. Returns and Market Loss Fee (Market Loss Policy)
8.1 Returns (If Accepted)
Unless a product is marked final sale or non-returnable, we may accept eligible returns only if:
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you contact us within the return window we provide, and
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items are in original condition and packaging (as applicable), and
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you follow return instructions.
Shipping/handling are non-refundable. Returns may be denied for risk, condition, tampering, or noncompliance.
8.2 Market Loss Fee Applies to Cancellations, Defaults, and Eligible Returns
Precious metals are subject to rapid price movement. When a price is confirmed, Bullion Underground may hedge or lock supply. If you cancel, return, refuse shipment, fail verification, fail to pay, or otherwise default after a Sale Confirmation or Purchase Order, you agree to pay a Market Loss Fee.
Market Loss Fee means the difference (if any) between:
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the locked transaction price (Sale Confirmation / Purchase Order), and
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the fair market value / cover cost / buyback price at the time we unwind the hedge or offset the supplier lock.
All market gains remain the property of Bullion Underground.
8.3 Additional Fees
In addition to the Market Loss Fee, you agree we may assess a cancellation/default fee equal to the greater of:
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$50, or
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5% of the order total,
plus any unrecovered shipping/processing costs and reasonable collection costs as permitted by law.
8.4 Authorization to Charge the Secured Card
You expressly authorize Bullion Underground to charge the credit card used for Order Security for:
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Market Loss Fees,
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cancellation/default fees,
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shipping/processing losses,
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and permitted collection costs.
If your card is declined, we may invoice you, and you agree to pay by the due date provided. We may refuse future orders until all amounts are paid.
9. Shipment
Shipment timing depends on product availability, supplier fulfillment, payment clearance, and fraud review.
You are responsible for providing accurate shipping information. Signature may be required. Insurance coverage and claim windows (if any) will be communicated during the shipping process. Once a carrier confirms delivery, liability may shift in accordance with carrier and insurance terms.
You agree not to purchase for export or violate export controls.
10. Consent to Electronic Communications
You consent to receive communications from us electronically (email, SMS, phone calls, push notifications, website notices) regarding your account, membership, transactions, verification, and service updates. SMS communications are governed by our SMS Terms & Conditions.
11. Fraud Prevention Policy, Telephone Recording, Collections & Export Controls
We may record calls for quality, training, and fraud prevention (where permitted by law).
We may delay, refuse, cancel, or recall shipments if fraud is suspected. We may share information with processors, banks, and law enforcement as permitted by law and our Privacy Policy.
If you owe fees or losses, you consent (where permitted by law) to being contacted for collections, including by email, phone, SMS, prerecorded/artificial voice, and automated dialing methods.
You agree to comply with U.S. export laws and represent you are not on restricted party lists or located in embargoed jurisdictions.
12. User Generated Content: Ratings, Reviews, & Comments
If you submit reviews/comments (“User Content”), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use and display it in connection with our Services. You represent your User Content is lawful, accurate, and does not infringe third-party rights. We may remove User Content at our discretion.
13. DMCA Complaints
If you believe content infringes your copyright, send a written notice to [legal@bullionunderground.com] with: your contact info, the copyrighted work, the infringing location, a good-faith statement, and your signature.
14. Third Party Links
We may link to third-party sites. We are not responsible for third-party content, policies, or services.
15. No Legal, Tax, Financial, or Investment Advice
Nothing on the Services is legal, tax, financial, or investment advice. You are responsible for your decisions. Metals prices are volatile and involve risk.
16. Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, BULLION UNDERGROUND WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US FOR THE TRANSACTION GIVING RISE TO THE CLAIM.
Some jurisdictions limit these disclaimers; your rights may vary.
17. Indemnity
You agree to defend, indemnify, and hold harmless Bullion Underground from claims arising out of your use of the Services, your User Content, your violation of these Terms, or your Transactions.
18. Arbitration Agreement, Class Action Waiver, and Waiver of Jury Trial
PLEASE READ CAREFULLY. You and Bullion Underground agree that most disputes will be resolved by binding arbitration on an individual basis, not in court, and not as a class action. You waive the right to a jury trial.
Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing [legal@bullionunderground.com] with your full name, address, and a clear statement that you are opting out.
Process: Before arbitration, you agree to send a written notice describing the dispute and requested relief. If not resolved within 30 days, either party may initiate arbitration with a nationally recognized arbitration administrator (e.g., JAMS or AAA) under applicable consumer rules.
Exceptions: Either party may seek injunctive relief for IP misuse, fraud, or unauthorized access.
(If you want, I can tailor this section to JAMS-only, Texas/Florida venue, and a 1-year-and-1-day limitation like the template.)
19. Privacy
Your use of the Services is subject to our Privacy Policy. If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy controls for privacy matters.
20. California Transparency in Supply Chains Act Disclosure
We oppose forced labor and human trafficking and expect suppliers to comply with applicable laws. We will take appropriate action if violations are identified. (Full disclosure page available upon request or via our website link.)
21. Mobile Application
If we offer a mobile app, your use may be subject to platform terms (Apple/Google). Carrier rates may apply. Optional biometric login may be supported through your device; we do not receive your biometric identifiers.
22. Miscellaneous
Force Majeure: We are not liable for delays caused by events beyond our control.
Governing Law: These Terms are governed by the laws of the state where Bullion Underground is organized/operates, without conflict-of-law rules.
Assignment: We may assign these Terms; you may not without our consent.
Severability: If a provision is unenforceable, the remainder remains in effect.
Survival: Sections on Market Loss, liability, indemnity, arbitration, and IP survive termination.
23. Entire Agreement
These Terms, together with the Privacy Policy and SMS Terms & Conditions, constitute the entire agreement between you and Bullion Underground regarding the Services and Transactions.
24. Contact Us
Bullion Underground
Email: support@bullionunderground.com
Legal: legal@bullionunderground.com
Phone: 800-813-7015
Add This Under Your Checkout Button (Recommended)
“By purchasing, I agree to the Bullion Underground Terms & Conditions, including the Market Loss Policy and the requirement that all metals orders be secured by credit card authorization.”