Terms And Conditions
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY:
You agree and acknowledge that you have carefully read and fully understand all of the provisions of this Agreement and the effects thereof, and that you knowingly and voluntarily agree to be bound by this Agreement and its terms.
These Terms and Conditions (the "Agreement") are placed between the Customer (the "Customer", "you", or "your") and Westminster Mint, a/k/a coin-rare.com, and its affiliates, subsidiaries, parents, officers, directors, agents, and employees (or the "Company") (collectively, the "parties") as of the date written below (the "Effective Date").
This Agreement governs all transactions between you and Company occurring on or after the Effective Date, whether by telephone, internet, email, catalog, mailer, or otherwise.
POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE:
The following policies and agreements are incorporated here by reference as though fully restated in this Agreement:
Westminster offers these items as collectibles to be enjoyed for their history, artistic beauty, and often limited availability. Westminster Mint expresses no opinion on the soundness as an investment of coins, medal, or other numismatic items. We are not investment advisers. Market price may fluctuate with market conditions, the condition of the item, content value, grade, demand and supply, and other things. Past performance is not a guarantee of future potential values. Rare coins, souvenirs, mementos, and sometimes medal, often cannot be sold quickly. These items sometimes appreciate in value and sometimes depreciate in value even possibly to zero. All items are guaranteed genuine unless stated and described as a replica or copy or restrike. The title to all items is good and its transfer is rightful. The items are delivered free from any security interest or other lien. The items ordered can be returned to us for any reason within 30 days from the time the coins are delivered to you. Westminster will refund 100% of the purchase price excluding shipping.
LIMITATION OF LIABILITY:
ALL ORDERS PLACED THROUGH THE ONLINE SHOPPING CART SYSTEM ARE TAKEN ON A BEST-EFFORTS BASIS. WESTMINSTER MINT SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. NOR SHALL WESTMINSTER MINT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF CUSTOMER'S ORDER DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR TO ANY OTHER CAUSE OR CAUSES BEYOND WESTMINSTER MINTS CONTROL OR ANTICIPATION.
AGREEMENT TO ARBITRATE:
Any controversy or claim arising out of, relating to, or in connection with: (a) this Agreement, including the breach or enforceability thereof; or (b) any transaction between the parties that occurs after the Effective Date shall be settled by arbitration administered by the American Arbitration Association (the "AAA") in accordance with the AAA's Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Any such arbitration shall take place in Minneapolis, Minnesota or another location that is reasonably convenient for both parties. The arbitration proceedings shall be governed by the laws of the State of Minnesota. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this paragraph. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties Any claims submitted to arbitration under this paragraph may only be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator(s) may not consolidate more than one party's claims and may not otherwise preside over any form of a representative or class proceeding.
MARKET LOSS POLICY:
When purchasing from Westminster Mint, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. 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. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Westminster Mint.
When selling to Westminster Mint, after we have issued a confirmation number, the price is locked in for you and the 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 That amount will be charged to you, plus a $50.00 cancellation fee. Any market gain on cancellations shall remain the property of Westminster Mint, Westminster Mint 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, we reserve the right to refuse or cancel any order deemed questionable, suspicious or of significant risk to Westminster Mint regardless of payment method and price confirmation.
NO INVESTMENTS OR INVESTMENT ADVICE:
All investments involve risk – investing in gold and silver bullion coins, bars and rounds are no exception. The market for gold and silver bullion is speculative, highly volatile, and subject to sharp price movements both upwards and downwards. Investing in gold and silver bullion is considered a high-risk investment that is not suitable for everyone. The spot price on the world market is affected by many economic and political factors as well as basic laws of supply and demand that can alter market sentiment overnight. Investors should have adequate cash reserves and disposable income before considering a gold or silver bullion investment. Be aware that just as the price trend of gold and silver bullion can appreciate for long periods of time it can also decline in value over long periods of time.
You shall indemnify and hold harmless Westminster Mint and its affiliates, directors, officers 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 Westminster Mint or
- (b) your failure to comply with this User Agreement or the policies adopted by Westminster Mint.
All items are subject to prior sale and to being sold out. Westminster Mint reserves the right to cancel orders at any time and for any reason and to refund the original purchase price to the customer.
CUSTOMER REPRESENTATIONS AND WARRANTIES:
You represent and warrant that:
- (a) you are at least eighteen (18) years of age;
- (b) you have the authority, capacity, and financial ability to enter into this Agreement and the transactions contemplated by this Agreement;
- (c) the information you provide to the Company is complete and accurate; and
- (d) your interaction with the Company does not violate any applicable law or regulation. All other representations and warranties are expressly disclaimed.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of Westminster Mint. Such consent may be granted or withheld by Westminster Mint at its sole and absolute discretion. This Agreement shall be binding upon and inure to the benefit of any/all permitted assignees and successors of you and Westminster Mint..
MODIFICATION OF AGREEMENT:
The Company may revise this Agreement, including the Additional Agreements incorporated by reference. If the revision is material, the Company will deliver notice of the revision to the most current e-mail address or, if unknown, mailing address associated with your account. By continuing to purchase products from the Company after such revision and notice, you agree to be bound by the revised Agreement. It is your responsibility to ensure that your contact information on file with the Company remains current at all times. Any other modifications or amendments to this Agreement are effective only by a signed, written agreement between you and the Chief Executive Officer or President of the Company.
This Agreement constitutes the entire agreement between you and Westminster Mint and governs your use of the Website, superseding any prior agreements.
Effective Date: June 1, 2021.
Your privacy is important to us:
To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
We do not share your email address with any outside party other than in the normal everyday course of processing and shipping your order. From time to time, you may receive emails from us promoting new items or services.
WHAT CAN YOU EXPECT FROM OUR EMAILS?:
- No Spam
- Your Information is never sold
- Easy Unsubscribe
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Once you have placed your order to buy or sell gold or silver bullion online with Westminster Mint you have entered into a binding agreement. When ordering online, the price at which your order is submitted is the final - locked-in price. Your order confirmation will be in your return email. You must ensure that your payment is received by Westminster Mint within three business days.
When selling gold and silver bullion to Westminster Mint, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. We require all purchases to be shipped to us by the end of the following business day and that you supply us with a tracking number, so we know the product is on the way. If you provide us with the registered mail or tracking number by email or phone and we do not receive the items within 5 business days and the delay is due to the USPS, UPS or Federal Express, we will extend the deadline on a case-by-case basis.
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. While we strive to keep our prices and inventory current, variances may occur due to changing market conditions, coin availability, and/or typographical errors. All orders will be confirmed prior to finalizing the sale. As the markets are constantly moving, the final price for an item will be determined at the time you place your order.
DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WESTMINSTER MINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, MEMBERS, SHAREHOLDERS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES, AND ADVERTISING PARTNERS HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, LIABILITIES, LOSSES, ACTIONS, DAMAGES, CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF (A) CONTENT YOU PROVIDE TO THE WEBSITE OR OTHERWISE TRANSMIT OR OBTAIN THROUGH THE PRODUCTS AND/OR SERVICES, (B) YOUR USE, PURCHASE, AND/OR SALE OF THE PRODUCTS AND/OR SERVICES, (C) YOUR CONNECTION TO THE PRODUCTS AND/OR SERVICES, (D) YOUR VIOLATION OF THIS AGREEMENT, (E) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, (F) YOUR BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY YOU TO WESTMINSTER MINT, OR (G) YOUR FAILURE TO PERFORM YOUR OBLIGATIONS HEREUNDER.
When you create a profile or register an account with Company, you will also be asked to choose a username and password. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Site using your username or password, and any other unauthorized use of your account. You agree to (a) immediately notify Company of any unauthorized use of your account or password or any other breach of security involving Company, and (b) ensure that you exit from your account at the end of each session. Company will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password, account information or other personal information. All assignments of your account or password shall be void.
LICENSE/SITE ACCESS/PROHIBITED USE:
Company grants you a limited license to access and make personal use of the Site. Company does not allow you to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any content, including, but not limited to, products, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The Content of the Site, the Site as a whole, and the software are intended solely for personal, non-commercial use by you and other users of the Site who have a username and password. The Content of other Company marketing or promotional materials and Company social media is also intended solely for personal, non-commercial use by you.
You May Not:
- (a) Modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation;
- (b) Remove or alter any copyright, trademark or other proprietary notices from the Content;
- (c) Transfer the Content to another person; or
- (d) reproduce the Content, the Site or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content, the Site or software. Company reserves all rights not expressly granted herein.
METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE:
Company expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Company trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines or otherwise redirecting consumers from the Site, constitutes unfair competition. Linking to the Site, or any page or portion thereof, without the prior written consent of Company is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Site or its content with any other site, advertisement, link or other information or materials not originating from this Site is expressly prohibited, unless specifically authorized or required in writing by Company.
LINKS TO THIRD PARTY SITES:
Company or third parties may provide links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Company does not control the privacy policies or practices of these Sites. You should review those policies before providing any personal information. Company is not responsible for the content or practices of any linked Sites and provides these links solely for navigation convenience to visitors.
Users who download Contents from the Site are required to cite the author and source of the Contents as they would material from any printed work, and should include the source URL. Any such personal use is subject to additional terms and restrictions as noted herein or in the Contents themselves. Company does not warrant that use of the Contents displayed will not infringe the rights of third parties not owned by or affiliated with Company.
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Company using this Site, on social media, or otherwise (collectively, 'Comments') are not confidential and will become and remain Company's property. As such, Company may use Comments in any way it deems appropriate, or not use them at all. The disclosure, submission or offer of any Comments will constitute an assignment to Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
TERMINATION OF USE:
DENIAL OF ACCESS: